Gauhati High Court
Nirod Sarma vs Safiqur Rahman And 23 Ors on 23 January, 2023
Author: Suman Shyam
Bench: Suman Shyam, Malasri Nandi
Page No.# 1/6
GAHC010004862023
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WA/5/2023
NIROD SARMA
SECRETARY TO THE HON'BLE CHIEF JUSTICE, GAUHATI HIGH COURT,
GUWAHATI-781001
VERSUS
SAFIQUR RAHMAN AND 23 ORS
S/O MAHIBUR RAHMAN, VILL AND P.O.-DAMPUR, NEAR DAMPUR
HIGHER SECONDARY SCHOOL, PIN-781102
2:SURJYA KANTA RAMCHIARY
S/O MEGHARAM RAMCHIARY
DAIMUGURI
FATASHIL AMBARI
GUWAHATI-25
3:HARI PRASAD MEDHI
S/O LATE CHANDRA NATH MEDHI
KRB ROAD
BHARALUMUKH
GUWAHATI-781009
4:TILOK KONWAR
S/O LATE PRABHAT KONWAR
HOUSE NO. 21
YUBANAGAR
FOREST GATE
NARENGI
GUWAHATI-781026
5:GREGORY DAIMARI
S/O ELIAS DAIMARI
Page No.# 2/6
VILL-NIZ GHOPRABARI
P.O.-PANERI
DIST-UDALGURI
ASSAM
6:NEWMAN SANGMA
S/O SUDHIR J SANGMA
BIRUBARI
GOPINATH NAGAR
GUWAHATI-781016
7:AJIT KR KULI
S/O SRI GANESH CHANDRA KULI
8TH MILE GARO BASTI
P.O.-AMERIGOG
P.S.-BASISTHA
DIST-KAMRUP (M)
GUWAHATI-23
8:GANDHI RAM KATHAR
S/O LATE SUKURA KATHAR
VILL-CHAKANIBARI KHAT
TETELIA
P.O.-GANDHINAGAR
DIST-KAMRUP(M)
PIN-782403
9:CHRISTELLYN S MARAK
D/O LATE J S MARAK
SOUTH SARANIA
BAIKUNTHA PATH
HOUSE NO. 1
GUWAHATI-7
10:NEIL JONGSKE SANGMA
S/O SUDHIR J SANGMA
BIRUBARI
GOPINATH NAGAR
GUWAHATI-781016
11:PRADIP SINHA
S/O MANABENDRA SINHA
BORBARI
GUWAHATI-781036
12:SAHIDUL HOQUE
S/O LATE MAHTAB ALI
JYOTI PATH BYE LANE
Page No.# 3/6
GRC ROAD
NIZARAPAR
NOONMATI
GUWAHATI-781020
13:TOMIZUDIIN AHMED
S/O LATE TAHARUDDIN AHMED
HOUSE NO. 6
SIX MILE
VIP ROAD
MOHAPURUSHMADHABDEV PATH
GUWAHATI-781022
14:BORTHAN THAOSEN
S/O LATE SOBENDRA THAOSEN
HOUSE NO. 4
SWARAJ PATH
NEAR IIBM
KHANAPARA
GUWAHATI-22
15:PRADIP SARMA
S/O LATE ROHINI KR SARMA
HOUSE NO. 4
KANDURARABHA PATH
ODALBAKRA
GUWAHATI-34
16:APORNA DAS
W/O BHABENDRA NATH DAS
KAMAKHYA NATUN PARA
P.O.-KAMAKHYA
P.S.-JALUKBARI
DIST-KAMRUP(M)
17:JITUMONI HAZARIKA THAKURIA
W/O LATE HARINATH THAKURIA
KRISHNA NAGAR HOUSING COLONY
BUILDING NO. 3
UNIT-3
CHANDMARI
GUWAHATI-3
18:ROBERT LALPIANGA NAMPUII
S/O DAVID S. NAMPUII
GOLDLAND VILLA
HAFLONG
DIMA HASAO-788819
Page No.# 4/6
19:DIPAK PRASAD
S/O LATE JAGADISH PRASAD
GAUHATI HIGH COURT STAFF QUARTER
MALIBAGAN
P.O.-KHARGULI
GUWAHATI-781004
20:RAJ KUMAR KALITA
S/O LATE JATIN CHANDRA KALITA
R/O BHUTNATH
MILAN PATH
HOUSE NO. 3
P.O.-BHARALUMUKH
GUWAHATI-781009
21:THE GAUHATI HIGH COURT
REPRESENTED BY THE REGISTRAR GENERAL
GUWAHATI 781001
22:THE REGISTRAR GENERAL
GAUHATI HIGH COURT
GUWAHATI-781001
23:THE REGISTRAR (ADMINISTRATION)
GUAHATI HIGH COURT
GUWAHATI-781001
24:THE REGISTRAR (ESTABLISHMENT)
GAUHATI HIGH COURT
GUWAHATI-78100
Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate)
Advocate for the Respondent : MR. K N CHOUDHURY
BEFORE
HONOURABLE MR. JUSTICE SUMAN SHYAM
HONOURABLE MRS. JUSTICE MALASRI NANDI
ORDER
Date : 23-01-2023 Suman Shyam, J Page No.# 5/6 Heard Mr. K.K. Mahanta, learned Sr. counsel assisted by Mr. A. Chamuah, learned counsel for the appellant. Also heard Mr. K.N. Choudhury, learned Sr. counsel assisted by Mr. J. Patowary, learned counsel appearing for the respondent Nos. 1 to 20 as well as Mr. U.K. Nair, learned Sr. counsel assisted by Ms. D. Mahanta, learned standing counsel, GHC appearing on behalf of respondent Nos. 21 to 24.
This appeal is directed against the common judgment and order dated 05-01-2023 passed by the learned Single Judge in W.P.(C) No. 1376/2019 and W.P.(C) No. 3845/2021, inter alia, holding that the appointment of the appellant as Secretary to the Hon'ble Chief Justice, Gauhati High Court on officiating basis and the subsequent order regularizing his services in the said post were unsustainable in law.
We have perused the impugned judgment and have also considered the submissions advanced by the learned counsel for both the sides.
Admit the appeal.
Issue notice returnable on 14-03-2023.
Since Mr. Patowary has accepted notice on behalf of respondent Nos. 1 to 20 and Ms. Mahanta has accepted notice on behalf of respondent Nos. 21 to 24, service of notice is deemed to be complete in this case.
The learned standing counsel, GHC to produce the relevant records on the next date fixed facilitating disposal of the writ appeal.
Heard on the prayer of interim relief.
Having regard to the facts and circumstances of the case, as an interim measure, Page No.# 6/6 we direct that the operation of the impugned judgment and order dated 05-01-2023, more particularly, the direction contained in paragraph 41, shall remain stayed until further order(s).
It is, however, made clear that no further promotion shall be given to the appellant without obtaining the leave of this Court.
JUDGE JUDGE GS Comparing Assistant