Gauhati High Court
I.A.(Civil)/3087/2026 of ARUP KUMAR DEY AND 2 ORS. Vs THE STATE OF ASSAM AND 8 ORS. on 8 September 2026
GAHC010178262026 2026:GAU- AS:13104-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3087/2026 ARUP KUMAR DEY AND 2 ORS. SON OF LATE MONMOTH KUMAR DEY RESIDENT OF VILLAGE- NOON NAGAR P.O. - KATIRAIL DISTRICT- CACHAR ASSAM PIN- 788804
GAHC010178262026
2026:GAU-
AS:13104-DB
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3087/2026
ARUP KUMAR DEY AND 2 ORS.
SON OF LATE MONMOTH KUMAR DEY
RESIDENT OF VILLAGE- NOON NAGAR
P.O. - KATIRAIL
DISTRICT- CACHAR
ASSAM
PIN- 788804
2: SUNIT KUMAR GOGOI
SON OF LATE PADMANATH GOGOI
RESIDENT OF DIBRUGARH DEVELOPMENT AREA
P.O.- DIBRUGARH
DISTRICT- DIBRUGARH
ASSAM
PIN- 786003
3: CHANDAN SARMA
SON OF LATE MADAN SARMA
RESIDENT OF VILLAGE- BARKURIHA
P.O.- BARKURIHA
DISTRICT- NALBARI
ASSAM
PIN- 781348
VERSUS
THE STATE OF ASSAM AND 8 ORS.
REPRESENTED BY THE LEGAL REMEMBRANCER AND SECRETARY TO THE
GOVT. OF ASSAM
JUDICIAL DEPARTMENT JANATA BHAWAN
DISPUR
GUWAHATI-6.
2:THE GAUHATI HIGH COURT
REPRESENTED BY THE REGISTRAR GENERAL M. G. ROAD
GUWAHATI- 1
3:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
M. G. ROAD
GUWAHATI- 1
4:THE LEGAL REMEMBRANCER AND SECRETARY TO THE GOVT. OF
ASSAM
JUDICIAL DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-6
5:THE SECRETARY TO THE GOVT. OF ASSAM
LABOUR WELFARE DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI- 6
6:THE SECRETARY TO THE GOVT. OF ASSAM
FINANCE DEPARTMENT
JANATA BHAWAN
DISPUR
GUWAHATI-6
7:THE PRINCIPAL ACCOUNTANT GENERAL (A AND E)
ASSAM
MAIDAMGAON
BELTOLA
GUWAHATI- 28
8:THE PRESIDING OFFICER
INDUSTRIAL TRIBUNAL
GUWAHATI
KAMRUP (METRO)
HENGERABARI GUWAHATI- 36
9:DILIP KUMAR DEVASARMA
SON OF LATE HARESWAR SARMA
RESIDENT OF HOUSE NO. 21
MEDHI PHUKAN PATH
SHIV MANDIR
LAKHIMI NAGAR
HATIGAON CHARIALI
GUWAHATI - 38
PRESENTLY WORKING AS REGISTRAR INDUSTRIAL TRIBUNAL
GUWAHATI
KAMRUP (METRO)
HENGERABARI
GUWAHATI- 36
------------
Advocate for : MR. K M HALOI
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 8 ORS.
BEFORE
HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR
HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY
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ORDER
09-09-2026 (Arun Dev Choudhury,J)
1. Heard Mr. K. M. Haloi, learned counsel, for the applicants/appellants. Also heard Mr. N. K. Sarma, learned counsel appearing on behalf of Mr. H. K. Das, learned Sr. counsel/Standing counsel, Gauhati High Court; Mr. R. K. Talukdar, learned Standing counsel, Accountant General (A&E), Assam, Mr. U. Sharma, learned Government counsel and Mr. A. Chaliha, learned Standing counsel, Finance Department, for the opposite parties/respondents.
2. The present application has been filed by applicants/appellants seeking leave/permission to prefer the connected writ appeal against the judgment and order dated 22.05.2026, passed by the learned Single Judge in WP(C) No. 7066/2024.
3. The background facts of the present litigation are in a narrow compass.
4. The applicants are serving as Senior Administrative Assistants in different
Industrial Tribunal and Labour Courts in Assam. According to the applicants, the post of Sheristadar/Chief Administrative Officer is a promotional post filled up from the Senior Administrative Assistant. However, the judgment dated 22.05.2026 of the learned Single Judge, has the effect of curtailing the right of the applicants for promotion. It is further contended that the applicants/appellants were not parties to the said proceeding to place their versions.
5. Be that as it may, as the applicants are aggrieved by the aforesaid judgment and order dated 22.05.2026, more particularly, for the reason that the determination made is projected to be adverse to the interest of the applicants and has been taken in their absence, the present Interlocutory Application stands allowed.
6. Registry to register the connected appeal and list it on 01.10.2026 under the appropriate heading.
JUDGE CHIEF JUSTICE Comparing Assistant