Gauhati High Court
I.A.(Civil)/3403/2024 of MANOJ KUMAR ROY AND 2 ORS. Vs THE STATE OF ASSAM AND ORS on 13 August 2026
GAHC010212002024 2026:GAU-AS:11496 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : I.A.(Civil)/3403/2024 MANOJ KUMAR ROY AND 2 ORS. S/O- BIPIN CHANDRA ROY, R/O- WARD NO. 15, R.K. MISSION ROAD, P.O.- BIDYAPARA, DISTRICT- DHUBRI, ASSAM. 2: CHINMAY
GAHC010212002024
2026:GAU-AS:11496
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Civil)/3403/2024
MANOJ KUMAR ROY AND 2 ORS.
S/O- BIPIN CHANDRA ROY,
R/O- WARD NO. 15, R.K. MISSION ROAD,
P.O.- BIDYAPARA, DISTRICT- DHUBRI,
ASSAM.
2: CHINMAY SARKAR
S/O- LATE RAI MOHAN SARKAR
R/O- VILLAGE- UDARBOND
P.O.- UDARBOND
DISTRICT- CACHAR
ASSAM
PIN- 783030.
3: ABDUL MOMIN SARKAR
S/O- LATE SAHA MOHAMMAD SARKAR
R/O- KHARUABANDHA
P.O.- FEKAMARI
DISTRICT- SOUTH SALMARA
MANKACHAR
ASSAM
PIN- 783135
VERSUS
THE STATE OF ASSAM AND ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, WOMEN AND CHILD DEVELOPMENT
DEPARTMENT, DISPUR, GUWAHATI, ASSAM, PIN- 781006.
2:THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT
GOVERNMENT OF ASSAM
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT
ASSAM
UZAN BAZAR
GUWAHATI. PIN- 781001.
3:THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER
DHUBRI
WARD NO. 1
P.O. AND DISTRICT- DHUBRI
PIN- 783301.
4:THE DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICER
CACHAR
MEHERPUR
SILCHAR
PIN- 788015.
5:SAMIUL ISLAM
S/O FARUK UDDIN SARKAR
PRESENTLY WORKING IN THE OFFICE OF THE BOKO ICDS PROJECT
BOKO
KAMRUP
PIN 78112
Advocate for the Petitioner : MR. S K GHOSH, MS F AHMED
Advocate for the Respondent : GA, ASSAM, BEFORE
HONOURABLE MR. JUSTICE KARDAK ETE
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ORDER
Date : 14-08-2026 Heard Mr. S.K. Ghosh, learned counsel for the applicants as well as Mr. D. Borah, learned State counsel for the State respondents.
2. This is an application, praying for amendment of the WP(C)/2142/2024 and for impleadment of the party-respondent.
3. The petitioners/applicants filed the aforesaid writ petition WP(C)/2142/2024, challenging the provisional gradation list published on 26.12.2023. During the pendency of the writ petition, the respondent authorities have finalized the gradation list on 09.02.2024 wherein one Samiul Islam has been placed above the petitioners/applicants in the gradation list. Under such circumstances, the applicants have filed this application for amendment of the connected writ petition and for impleadment of the of the person as party- respondent, who has been placed above the petitioners/applicants in the final gradation list.
4. Accordingly, prays for impleadment of Sri Samiul Islam and also to allow the amendment of the writ petition, particularly, which are as follows :- “5. That the applicants beg to state that in the cause title at page 5 of line No.8 of the writ petition after the word 'Meherpur Silchar, PIN 788015′ and before word Respondents' the following may be added---
5. Samiul Islam S/o Faruk Uddin Sarkar Presently working- in the office of the Boko ICDS Project, Boko, Kamrup PIN-781123"
6. That the applicants beg to state that after the word 'Annexure-11' and before paragraph '11 That' of page 13 of writ petition the following may be added--- "10 (A). That passing of the order dated 26.12.2023 the respondent No.2 finalised the gradation list dated 26.12.2023 on 09.02.2024. In the said gradation list also name of Respondent No. 5 given above the writ petitioner though the Respondent No. 5 was appointed much later then them in the year 2017. However it has mentioned that benefit w.e.f. 10/2/2006 as per Hon'ble Gauhati High Court's order dated 21.9.2016." Copy of final gradation list dated 09.02.2024 is annexed herewith and marked as ANNEXURE-12 respectively."
7. That the applicants beg to state that after the word "dated 26.12.2023" and before the word "(B). A writ of Mandamus shall not be issued...." of page 15 of writ petition the following maybe added--- “as to why the final gradation list dated 09.02.2024 issued by the respondent No.2 be not rectified by placing the applicants above the Respondent No. 5."
5. Having considered that the provisional gradation list, which has been put to challenge in the connected writ petition having been finalized wherein the party sought to be impleaded is placed above the applicants/petitioners, I deem it appropriate to allow this application as the person sought to be inmpleaded, would be a necessary party and the final gradation list is required to be brought on record and the amendment sought would not change the nature and character of the aforesaid writ petition.
6. Accordingly, Sri Samiul Islam, S/o Faruk Uddin Sarkar Presently working- in the office of the Boko ICDS Project, Boko, Kamrup PIN-781123, is allowed to be impleaded and the writ petition is allowed to be amended as recorded herein above.
7. Interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant