Gauhati High Court
Page No.# 1/5 vs The State Of Assam And 2 Ors on 8 September, 2025
Author: Soumitra Saikia
Bench: Soumitra Saikia
Page No.# 1/5
GAHC010201002025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5186/2025
JYOTIRMOY ADHIKARY AND ANR
S/O- SRI MRINAL ADHIKARY, R/O-WARD NO.1, KANAKLATA ROAD, DIST-
BONGAIGAON, ASSAM-783380
2: RAJU SAHA
S/O-LATE RAM KRISHNA SAHA
R/O- KALAHBHANGA (MISSION ROAD)
BARPETA ROAD
BARPETA
ASSAM-78131
VERSUS
THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
ASSAM, DISPUR- 781006
2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM
LABOUR WELFARE DEPARTMENT
DISPUR-781006
3:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
ASSAM
LABOUR WELFARE DEPARTMENT
DISPUR
GUWAHATI-78100
Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,N GAUTAM
Advocate for the Respondent : GA, ASSAM,
Page No.# 2/5
BEFORE
HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER
08.09.2025
Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. J Patowary,
learned counsel for the petitioners. Also heard Mr. D Nath, learned Senior
Government Advocate, Assam.
2. This writ petition is filed by the petitioners aggrieved by the impugned order
dated 28.07.2025 whereby the petitioners, who were earlier discharged from
service with effect from 07.07.2018 which stands substituted as directed by the
Hon'ble Gauhati High Court. Learned Senior Counsel submits that this impugned
order is totally violative of the directions contained in the judgment and order
dated 20.06.2025 passed in WA No.59/20203 and other bunch of Writ Appeals
where the present writ petitioners were the appellants and by the said judgment
and order dated 20.06.2025 the Division Bench of this Court allowed the Writ
Appeals with the following directions:
"140. Accordingly, the appeal is partly allowed by setting aside the impugned judgment and
order dated 18.03.2020, passed by the learned Single Judge in W.P.(C) 4198/2019 and 48
connected writ petitions. Resultantly, the appellants are found entitled to the following
reliefs:-
1. The discharge orders in respect of all the appellants herein, which have been
impugned in the connected writ petitions, viz., W.P.(C) 4198/2019 and 48 connected
writ petitions are set aside. However, this relief is subject to the following:
i. Those appellants, who have completed their initial probation period of 2 (two) years, and
by taking into consideration the maximum extendable probation period under their respective
service rules, i.e. Rule 22(1) of the Assam Civil Services Rules; Rule 21(1) of the Assam
Taxation Service Rules; Rule 21(1) of the Assam Transport Services Rules; and Rule 12 of the
Assam Labour Services Rules are liable to be reinstated within a period of 50 (fifty) days from
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the date of this judgment and order.
ii. For those appellants whose period of probation have not been completed by taking into
consideration the initial probation period and the maximum extendable probation period
under their respective service rules referred hereinbefore, the competent authorities are
directed to pass such appropriate order(s) as may be deemed fit and appropriate, considering
the finding rendered in this judgment and order, as well by taking into account all the
relevant factors as may be permissible in law. This exercise shall be done by the competent
authorities of the respective Departments within a period of 50 (fifty) days from the date of
this judgment and order.
iii. The notifications dated 30.12.2017 and 20.01.2018, are held to be ex facie illegal and thus
void ab-initio and therefore, not enforceable against the concerned appellants so as to alter
their position from a confirmed employee of the State to being reverted back to the position
of a probationer.
iv. It is clarified that this judgment and order shall not come in the way of the competent
authorities in the Govt. to initiate departmental/disciplinary proceedings against the
appellants, in such way and manner as they may be so advised. However, the State
respondents should make an endeavour to complete the departmental proceeding within an
outer limit of 90 (ninety) days from the date of its initiation.
v. For the period the appellants were not in service, i.e. from the date of discharge till the
date of reinstatement, the appellants would not be entitled to any back wages. However, the
monetary benefits for the said period shall be calculated notionally for the purpose of
pensionary benefits, etc. and for calculating the current pay from the date they are
prospectively reinstated in service.
vi. It would be open to the competent authority in the Govt. to keep the appellants without
any posting till the departmental/disciplinary proceeding, if any, instituted against them are
brought to its logical conclusion and alternatively, it would also be open to the competent
authorities to post the appellants at such place from where they will not be able to influence
the witnesses in the criminal proceeding already being tried against them.
vii. If there are any appellants whose probation period has not been completed, they would
not become entitled to be reinstated in service. However, in respect of those appellants, the
competent authorities in the Govt. shall pass appropriate orders to withdraw their respective
discharge order already passed and to substitute the said discharge orders with a simpliciter
discharge order of not having found them fit for confirmation so that no stigma would be
attached against them.
viii. It is made clear that the observation made by the learned Single Judge in the
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Impugned judgment and order as well as by this order shall not prejudice any of the
appellants or to the State in any manner whatsoever, including in trial of criminal cases
registered against the appellants.
ix. Under such circumstances, the parties are left to bear their own cost.
x. This judgment and order shall operate prospectively from the date of this order."
3. It is the submission of the learned Senior Counsel for the petitioners that the
present impugned order dated 28.07.2025 is completely violative and is in utter
disregard to the directions contained in the judgment and order dated
20.06.2025 passed in WA No.59/20203 and other bunch of Writ Appeals passed
by the Division Bench. Being aggrieved, the present writ petition has been filed.
4. Learned Senior Government Advocate submits that at this stage he would
like to complete his instructions. The order which is impugned in the present
proceedings was issued in terms of the directions contained in the Judgment
and Order dated 20.06.2025 passed in WA No.59/20203 and other bunch of
Writ Appeals by the Division Bench. Consequently, there is no infirmity in the
order passed and therefore, no interim orders are called for.
5. Having heard the learned counsel for the parties and considering the issues
involve at this stage, this Court considers it appropriate to issue notice at this
stage.
6. Accordingly, let notice be issued, returnable by 4 (four) weeks.
Since Mr. D Nath, learned Senior Government Advocate, Assam accepts notice
on behalf of all the respondents, Notices are waived. However, extra copies be
furnished to him within 1 (one) week from today.
7. Till the next returnable date, the impugned order dated 28.07.2025 passed
by the respondent no.2 shall not be given effect to.
8. List the matter again on 15.10.2025.
Page No.# 5/5
JUDGE
Comparing Assistant
