I.A.(Civil)/1705/2026 of SRI KHARGESWAR MEDHI AND ANR Vs THE STATE OF ASSAM AND 7 ORS on 26 May 2026

ORDER

27-05-2026 (Arun Dev Choudhury, J)

1. Heard Mr. N. Sarma, learned counsel and Mr. R. Bora, learned counsel for the applicants and Mr. P.N. Goswami, learned Sr. counsel/Addl. Advocate General, Assam, assisted by Mr. I. Kalita, learned counsel, Excise Department and Mr. K. K. Goswami, learned counsel, for the opposite parties/respondents.

2. The present application is filed by the two applicants, seeking their impleadment and permission to participate in the connected proceeding, being WA No. 4/2002.

3. The background facts of the present litigation are not in dispute.

4. With a policy aimed at rehabilitating former militants and bringing them back into the mainstream of society, the Excise Department initiated a special selection drive in 2001 to fill certain posts of Excise Constables in Assam.

5. Though appointment letters were issued, on the ground that such appointments were made without the approval of the State Level Empowered Committee and without any proper policy decision by the Cabinet, the appointments were cancelled.

6. Some of the appointees challenged such a decision in WP(C) No. 3677/2001. However, such a writ petition was dismissed by a common judgment and order dated 28.09.2001 and assailing such a decision, the connected WA No.4/2002 was preferred.

7. Prior to that, WA No. 429/2001 & WA No. 430/2001 were preferred by some other similarly situated persons against the aforesaid common judgment & order, and a Co-ordinate Bench of this Court disposed of the said appeals by a common judgment & order dated 16.09.2002, reversing the decision rendered by the learned Single Judge.

8. However, against such a decision, SLP being Civil Appeal No. 15150/2017 was preferred by the State, and accordingly, the connected WA No. 4/2002 was adjourned by the Co-ordinate bench, with a direction that the learned counsel for the parties shall apprise the Registry of this Court about the decision of the Hon’ble Apex Court as soon as the same is rendered, whereafter the Registry will list the case for hearing.

9. The said SLP Civil Appeal No. 15150/2017 was disposed of on 03.12.2025.

10. The applicants claim that in the connected SLP, the Hon’ble Apex Court has modified the direction of reinstatement and payment of arrear salary with a direction that the appellants be paid Rs. 5,00,000/- (Rupees Five Lakhs only) within a period of two months from the date of the judgment rendered by the Hon’ble Apex Court.

11. Though the present applicants were also selected and appointed under the same selection process and also terminated, they are not appellants in the connected WA. No.4/2002.

12. At present, by this application, the applicants seek to get themselves impleaded in the connected Writ Appeal with an assertion that their cases shall also be covered by the decision rendered in the SLP Civil Appeal No. 15150/2017.

13. Learned counsel for the State has not objected to the present application.

14. Having gone through the pleadings as well as the materials available on record, and taking note of the peculiar facts and circumstances of the case, we are of the opinion that the present applicants, namely, Sri. Khargeswar Medhi and (2) Sri. Rajib Bora should be allowed to be impleaded as the respondents in the connected WA No. 4/2002 and also allowed to participate in the proceeding by filing an affidavit to ascertain their claim of similar benefits. Accordingly, the present application stands allowed.

15. The applicants shall furnish a fresh memo of parties before the Registry. Thereafter, Registry shall do the needful.

16. With the aforesaid, this Interlocutory Application stands allowed and disposed of.

JUDGE CHIEF JUSTICE

Comparing Assistant