Gauhati High Court
Sri Uddipak Kumar Gogoi vs The State Of Assam Represented By The ... on 29 October, 2025
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GAHC010227812025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/336/2025
SRI UDDIPAK KUMAR GOGOI
SON OF LATE SOMESWAR GOGOI RESIDENT-OF VILLAGE-RANGCHALI
P.O. AND P.S.-BORHOOLA, JORHAT ASSAM, PIN- 785631
VERSUS
1: THE STATE OF ASSAM REPRESENTED BY THE LEGAL REMEMBRANCER
CUM SECRETARY TO THE GOVERNMENT OF ASSAM JUDICIAL
DEPARTMENT, ASSAM SECRETARIAT GUWAHATI, ASSAM PIN-781006.
2:THE GAUHATI HIGH COURT REPRESENTED BY REGISTRAR GENERAL
GUWAHATI PINCODE-781001.
3:THE REGISTRAR GENERAL
GAUHATI HIGH COURT GUWAHATI PINCODE781001.
4:THE REGISTRAR (VIGILANCE)
GAUHATI HIGH COURT GUWAHATI PINCODE781001.
5:THE DISTRICT AND SESSION JUDGE UDALGURI
P.O AND P.S.- UDALGURI DIST- UDALGURI ASSAM PIN784509
6:THE SELECTION COMMITTEE FOR THE POST HEAD ASSISTANT
REPRESENTED BY THE DISTRICT AND SESSION JUDGE UDALGURI
PINCODE-784509 DIST.- UDALGURI ASSAM
7:SRI SORUJ KR SUTRADHAR
TANGLA HOSPITAL ROAD, WARD NO.3
UDALGURI DISTRICT ASSAM PINCODE784521
For the Appellant(s) : Mr. S. Khound, Advocate.
For the Respondent(s) : Mrs. R.B. Bora, Junior Govt. Advocate, Assam for respondent No.1.
: Mr. H.K. Das, Standing Counsel, Gauhati High Court for respondent
Nos.2 to 6.
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-B E F O R E -
HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY
29.10.2025
(Ashutosh Kumar, CJ)
While hearing this appeal, this Court noticed the observations
made by the learned Single Judge in Paragraphs 50 to 52 of the
judgment dated 10.09.2025 passed in WP(C) No.662/2025, which are
being extracted herein for the sake of completeness:
"50. Before parting with the records, this Court finds it very pertinent to
observe that the State of Assam had created the three posts of Accountant in
the District and Sessions Judges Establishment in the Districts of Udalguri,
Chirang and Baksa and further three posts of Accountant in the Chief
Judicial Magistrates Establishment in the Districts of Udalguri, Chirang and
Baksa. These were new categories of posts. Under such circumstances, the
Respondent State in consultation with the Gauhati High Court ought to have
carried out necessary amendments to both the District and Sessions Judges
Rules as well as the Chief Judicial Magistrates Rules so that these posts
could be brought within the cadre of the Assam District and Sessions
Judges Establishment (Ministerial) Service as well as the Assam Chief
Judicial Magistrates Establishment (Ministerial) Service.
51. At this stage, this Court finds it relevant to refer to a judgment of
the Supreme Court in the case of T.N. Administrative Service Officers
Association and Another Vs. Union of India and Others reported in
(2000) 5 SCC 728 and more particularly to paragraph No.29 of the said
judgment which is reproduced herein under:
'29. Though prima facie we have accepted the explanation
given by the Union of India still we find such posts are being
continued by the States concerned even till date. We have not found
any reason either in the pleadings or in the arguments addressed on
behalf of the Union of India why it has not taken any steps to direct
the State Government concerned to abolish these posts if not
required to be encadred. Therefore, we find it necessary to direct the
Union of India to consider in consultation with the State Government
concerned, as required in the Cadre Rules, review the necessity of
either to encadring these ex-cadre/temporary posts or not and take
such other necessary steps. In this process the Central Government
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shall bear in mind the existence of these posts for the last so many
years and if it is so satisfied and finds it necessary in the interest of
justice to encadre these posts, it may do so with retrospective date
so that officers promoted consequent to such encadrement would
have the benefit of the seniority from such date, bearing, of course,
in mind the possible conflict that may arise in fixation of inter se
seniority and take appropriate decisions in this regard so as to avoid
any further disharmony in the service.'
52. Taking into account that the Respondent State of Assam had
created the posts of the Accountant in consultation with the Gauhati High
Court, this Court finds it expedient to direct the State of Assam to consider in
consultation with the Gauhati High Court for encadering the post of
Accountant within the ambit of the District and Sessions Judges Rules as
well as the Chief Judicial Magistrates Rules. Further to that, this Court
further directs the State of Assam to consider that as these posts of
Accountant were created in the year 2007 and for the last 18 years, the said
posts are being continued and therefore, if the State of Assam is satisfied
and finds it necessary in the interest of justice to encadre the posts, it may
do so with retrospective date so that the Officers who have been appointed
to the posts of the Accountant since the date of its creation, would have the
benefit of seniority."
Mr. H.K. Das, learned Standing Counsel, Gauhati High Court, who
appears for the respondent Nos.2 to 6, to take instructions as to the
decision taken by the State of Assam with respect to the observations
made in the afore-noted Paragraphs of the impugned judgment.
List this matter for further consideration on 09.01.2026.
JUDGE CHIEF JUSTICE
Mukut
Comparing Assistant
