WP(C)/4296/2026 of SHRI RAJA DEY AND 5 ORS Vs THE STATE OF ASSAM AND 4 ORS on 13 August 2026

ORDER

Date : 14.08.2026

Heard Mr. P. R. Sarma, learned counsel for the petitioners. Also heard Mr. J. K. Goswami, learned State Counsel for the respondent Nos. 1 and 2; Mr. A.Chaliha, learned Standing Counsel, Finance Department and Mr. B. Choudhury, learned Govt. Advocate for the State Level Recruitment Committee. [2.] The learned counsel for the petitioners submits that six petitioners have joined hands for filing the instant writ petition since they have a common grievance. The learned counsel submits that the petitioners were all appointed to the post of Junior Assistant pursuant to the recommendation made by the State Level Recruitment Committee for Class-III post vide order dated 25.05.2023 (Annexure-2). Although a common recruitment was made for all the candidates but some of the candidates have been posted in the District Establishments while some in the Directorate i.e., Directorate of Statistics and Economics. It so happened that although the petitioners have secured high marks they have been posted in the District Establishments while those who are below them in the merit list have been posted in the Directorate. The learned counsel submits that having been posted in the District Establishments, the petitioners are bound to be covered by the Assam Ministerial District Establishment Service Rules, 1967 (Rules of 1967) whereas those posted in the

Directorate will be covered by the Assam Directorate Establishment (Ministerial) Service Rules, 1973 (Rules of 1973). [3.] The learned counsel submits that as per the Rules of 1973, the employees covered by the same will have a better avenue and chance of being promoted to the next higher post compared to those covered by the 1967 Rules. Considering the same, the petitioners approached the Secretary to the Government of Assam, Transformation and Development Department by filing a representation on 05.02.2025 (Annexure-5) and thereafter again on 29.05.2025 (Annexure-6). Although no decision has been taken pursuant to the filing of the representations by the petitioners, but the Directorate of Economics and Statistics vide Communication dated 12.05.2026 (Annexure-7) has conveyed the view of the Directorate that since the mode of recruitment was through the same recruitment process, those posted in the District Establishments and those posted in the Directorate perhaps should have a common gradation list to ensure fairness, uniformity and protection of merit based seniority. The Directorate therefore has sought instruction from the Secretary to the Govt. of Assam, Transformation and Development Department. [4.] The learned counsel submits that although such communication has been made, the petitioners apprehend that the respondent authorities concerned will shortly come up with a gradation list separating those working in the District Establishments and those working in the Directorate and therefore they are before this Court. [5.] At this stage, the learned counsel for the petitioners submits that a Notification dated 17.07.2026 has been issued by the Commissioner and Secretary to the Govt. of Assam, Administrative Reforms Training Pension and Public Grievance Department to the effect that the Finance Department will now be the Administrative Department for the Directorate of Economics and Statistics. [6.] Considering the above projection, instead of keeping the matter pending before this Court, the writ petition is disposed of by directing the petitioners to submit a concise representation to the Commissioner and Secretary to the Govt. of Assam, Finance Department with regard to their grievance as was highlighted by them in their earlier representations submitted before the Secretary to the Govt. of Assam, Transformation and Development Department within a period of 7(seven) days from today individually. The Commissioner and Secretary, Finance Department upon receipt of the same shall take into account the grievances projected in the representation and consider the entire issue by also taking into account the opinion or view expressed by the Directorate of Economic and Statistics in the Communication dated 12.05.2026 and thereafter take a decision by passing a reasoned and speaking order. Such an exercise be done within a period of 2(two) months from the date of receipt of the representation. [7.] It is also provided herein that till such decision is taken by the Commissioner and Secretary, Finance Department, the Gradation list for Junior Assistant in the Directorate of Economics and Statistics as well as in the District Establishments shall not be given finality. JUDGE Comparing Assistant