Page No.# 1/5 vs The State Of Assam And Ors
2025 Latest Caselaw 7074 Gua

Gauhati High Court

Page No.# 1/5 vs The State Of Assam And Ors on 8 September, 2025

Author: Soumitra Saikia

Bench: Soumitra Saikia

                                                               Page No.# 1/5

GAHC010201022025




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                      THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                         Case No. : WP(C)/5181/2025

         SMTI RUMI SAIKIA AND ORS
         DAUGHTER OF GABIN CHANDRA SAIKIA, RESIDENT OF PANIGAON,
         JYOTI PATH, NAGAON 782003.

         2: SMTI NISHA MONI DEKA
          DAUGHTER OF LATE KANDARPA DEKA
          RESIDENT OF JAPORIGOG
          P.O. JAPORIGOG
          P.S. JAPORIGOG
          GUWAHATI
         ASSAM781005

         3: SRI KAMAL DEBNATH
          SON OF LATE KHITISH DEBNATH
          RESIDENT OF KALABHAGA
         WARD NO.3
          BARPETA ROAD
          BARPETA
         ASSAM-781315

         4: SRI ANIRUDDHA ROY
          SON OF MANMOHAN ROY
          RESIDENT OF ANIGURI VILLAGE
          DHUBRI
          P.S. TAMORHAT
          DHUBRI
          PIN-783332.

         5: SRI JAYDEV MAHANTA
          SON OF LATE NILAMONI MAHANTA
          RESIDENT OF WARD NO. 16
          BAPUJINAGAR
          GOALPARA
         ASSAM
                                                                       Page No.# 2/5

           PIN-783101.

          6: SRI DEBAJIT BORA
           SON OF LATE JITENDRA MOHAN BORA
           RESIDENT OF GANDHI NAGAR
           L.K. ROAD
           P.O. HAIBARGAON
           NAGAON
           PIN-782002

          7: SMTI GEETALI DOLEY
           DAUGHTER OF SRI GOPAL CHANDRA DOLEY
          VILLAGE TARIANI BHEKELI
           P.S. BAGINODI
           P.O.BHINUPARA BALIYA
           LAKHIMPUR787032

          VERSUS

          THE STATE OF ASSAM AND ORS
          REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF
          ASSAM, DISPUR781006

          2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF
          ASSAM
           PERSONNEL (A)
           DISPUR
           GUWAHATI3. 781006.

          3:THE JOINT SECRETARY TO THE GOVERNMENT OF ASSAM
           PERSONNEL (A)
           DISPUR
           GUWAHATI-78100

Advocate for the Petitioner : MR. K N CHOUDHURY, MR. TANUZ KASHYAP,MR. J
PATOWARY,N GAUTAM
Advocate for the Respondent : GA, ASSAM,


                                 BEFORE
                  HONOURABLE MR. JUSTICE SOUMITRA SAIKIA

                                    ORDER

08.09.2025

Heard Mr. KN Choudhury, learned Senior Counsel assisted by Mr. J Patowary, Page No.# 3/5

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 21.07.2025 whereby the petitioners no.1 to 4 and 6 to 7 were earlier discharged from service with effect from20.06.2018 and the petitioner no.5 was earlier discharged from service with effect from 07.09.2018, by the impugned order the earlier notifications stand substituted. 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 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 Page No.# 4/5

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 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."

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3. It is the submission of the learned Senior Counsel for the petitioners that the present impugned order dated 21.07.2025 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 21.07.2025 passed by the respondent no.2 shall not be given effect to.

8. List the matter again on 15.10.2025.

JUDGE

Comparing Assistant