The State Of Assam And 2 Ors vs Dr Biswajit Sarma And Anr
2026 Latest Caselaw 175 Gua

Gauhati High Court

The State Of Assam And 2 Ors vs Dr Biswajit Sarma And Anr on 9 January, 2026

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GAHC010130612025




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

                                Case No. : WA/416/2025

         1.THE STATE OF ASSAM AND 2 ORS
         REPRESENTED BY THE COMMISSIONER AND SCY. TO THE GOVT OF
         ASSAM, HIGHER EDUCATION (TECHNICAL) DEPTT., DISPUR, GUWAHATI
         06, ASSAM.

         2: THE DIRECTOR OF TECHNICAL EDUCATION
         ASSAM KAHILIPARA DISPUR GUWAHATI 781019

         3: THE PRINCIPAL
          JORHAT ENGINEERING COLLEGE
          DIST. JORHAT ASSAM 78500

         VERSUS

         1.DR BISWAJIT SARMA AND ANR
         S/O LATE DUGDHA NATH, SARMAH, R/O RAJAMAIDAM, P.S. AND P.O.
         JORHAT, DIST. JORHAT, ASSAM 785001

         2:THE ACCOUNTANT GENERAL
         ASSAM MAIDAMGAON
          GUWAHATI 78101

          Linked Case : I.A.(Civil)/4202/2025

         1.THE STATE OF ASSAM AND 2 ORS
         REPRESENTED BY THE COMMISSIONER AND SECY. TO THE GOVT. OF
         ASSAM HIGHER EDUCATION (TECHNICAL) DEPTT.
          DISPUR GUWAHATI 06 ASSAM.

         2: THE DIRECTOR OF TECHNICAL EDUCATION
         ASSAM KAHILIPARA DISPUR GUWAHATI 781019
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            3: THE PRINCIPAL
           JORHAT ENGINEERING COLLEGE
            DIST. JORHAT ASSAM 785007

            VERSUS

           1.DR BISWAJIT SARMA AND ANR
           S/O LATE DUGDHA NATH SARMAH
            R/O RAJAMAIDAM P.S. AND P.O JORHAT
            DIST .JORHAT ASSAM 785001

           2:THE ACCOUNTANT GENERAL
           ASSAM MAIDAMGAON GUWAHATI 781014

For the Appellant(s)/Applicant(s)     : Mr. K. Gogoi and Mr. S. Das, Standing Counsel
                                      Higher Education Department.
For the Respondent(s)                 : Mr. C. Barua, Standing Counsel, AG for

respondent No.2.

-B E F O R E -

HON'BLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY

09.01.2026 (Ashutosh Kumar, CJ)

We have heard Mr. K. Gogoi, learned Standing Counsel, Higher Education Department for the appellants/State. Mr. C. Barua, learned Standing Counsel, AG is present.

This appeal has been preferred by the appellants/State challenging the judgment dated 16.05.2025 passed by a learned Single Judge of this Court in WP(C) No.3864/2017 and WP(C) No.6604/2022.

The respondent No.1, while working as an Associate Professor in the Department of Civil Engineering (Geology) at Jorhat Engineering College, took a Page No.# 3/3

lien for one year and joined the post of Director of the College Development Council (CDC) at Gauhati University, on a fixed term basis.

The lien was granted only for a period of one year with the stipulation that on the expiry of the lien period, the respondent No.1 shall rejoin at his substantive post, or else, he would be required to resign, if he is absorbed in the Gauhati University.

The case of the appellants is that the respondent No.1 over-stayed the period of lien, despite the lien having been terminated.

The learned Single Judge, on the plea that lien is normally for a period of 3(three) years, set aside the order of termination of lien and directed the appellants to accept the joining of the respondent No.1 on the substantive post.

Let notice be issued to respondent No.1, on steps being taken by the appellants/State within a period of 2(two) weeks by both modes, i.e. by registered post with A/D as well as by usual process, returnable on 18.03.2026.

In the meantime, the impugned judgment dated 16.05.2025 passed by the learned Single Judge in WP(C) No.3864/2017 and WP(C) No.6604/2022 shall remain in abeyance.

               JUDGE                           CHIEF JUSTICE




Comparing Assistant