Gauhati High Court
Jiban Ch. Saikia And 5 Ors vs The State Of Assam And 18 Ors on 19 May, 2020
Author: Achintya Malla Bujor Barua
Bench: Achintya Malla Bujor Barua
Page No.# 1/8
GAHC010027662020
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
WP(C) 6135/2019
1:JIBAN CH. SAIKIA AND 5 ORS.
S/O LATE RAJANI KANTA SAIKIA
VILLAGE - LACHIT NAGAR
P.O. - KHELMATI
P.S.- NORTH LAKHIMPUR
DISTRICT- LAKHIMPUR
ASSAM
PIN-787032
PH. NO. - 7002652409.
2: NABA KUMAR SARMA
S/O LATE PADMESWAR SARMA
VILLAGE - PATA- SATRA
P.O. AND P.S. - PATACHAKUCHI
DISTRICT- BARPETA
ASSAM
PIN-781326
PH. NO. - 8876483722.
3: NILUTPAL BURAGOHAIN
S/O LATE KANDARPA NATH GOHAIN
VILLAGE - GOPAL NAGAR
P.O. AND P.S. - NOONMATI
DISTRICT- KAMRUP (M)
ASSAM
PIN-781020
PH. NO. - 9435077374
4: SAILENDRA NATH MEDHI
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S/O LATE PRANGOPAL MEDHI
RESIDENT - DOLBARI SATGAON
P.O.- UDAYAN VIHAR
GUWAHATI
DISTRICT- KAMRUP (M)
ASSAM
PIN-781171
PH. NO. - 7002714909
5: MUKUL DEKA
S/O LATE PHULESWAR DEKA
VILLAGE - AHAKA
P.O. - RAJGHAT
P.S.- MANGALDAI
DISTRICT- DARRANG
ASSAM
PIN-784529
PH. NO. - 8486981201.
6: DIPAK NATH
S/O LATE DR. GUBIN CH. NATH
R/O- SANTIPUR
P.O. AND P.S. - DEMOW
DISTRICT- SIBSAGAR
ASSAM
PIN-785602.
PH. NO. - 9957285034.
VERSUS
1:THE STATE OF ASSAM AND 18 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY
HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-6.
2:THE COMMISSIONER AND SECRETARY
DEPARTMENT OF WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-6
3:THE COMMISSIONER AND SECRETARY
Page No.# 3/8
PERSONNEL (B) DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-6.
4:THE DIRECTOR
OFFICE OF THE DIRECTORATE OF SERICULTURE
ASSAM
KHANAPARA
GUWAHATI-22.
5:ANJAN KUMAR SHARMA
THE COMMISSIONER AND SECRETARY
HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT
GOVERNMENT OF ASSAM
DISPUR
GUWAHATI-6.
6:BIRA GOGOI
S/O LATE SADANANDA GOGOI
VILL. BHOLAGURI
P.O. BADULIPAR
DIST. GOLAGHAT
ASSAM
PIN 785611
7:ADITYA GOGOI
S/O LATE GOKUL CH. GOGOI
VILL. MORAN TOWN
BISHNUPUR
WARD NO. 1
P.O.MORANHAT
DIST. CHARAIDEU
8:ATAUR RAHMAN
S/O LATE RASHMIL ALI
HOUSE NO. 9
BYE LANE NO. 3
KALINDRI PRIYA PATH
KALYANPUR
GUWAHATI 781006
P.S. DISPUR
P.O. DISPUR
ASSAM SACHIVALAYA
PIN 781006
Page No.# 4/8
9:SRI JOGESH DEURI
S/o LATE BIHURAM DEURI
VILL-GOLAGAON
BASKA
ASSAM-781330
10:KISHORE SARMA BORDOLOI
S/O- LATE SULADHAR BORDOLOI
R/O- TARAJAN GAYAN GAON
P.O.
P.S. AND DIST.- JORHAT
ASSAM
PIN- 785001.
11:SRI CHANDAN SHAW
S/O- LATE AMALENDU SHAW
R/O- CHRISTIAN PATTY
JAIL ROAD
P.O. BORBHETA
P.S. AND DIST.- JORHAT
ASSAM
PIN- 785004.
12:SMT. BINA HAZARIKA
W/O- POONA BORA
R/O- RUKMINI GAON
BAHINI PATH
P.O. KHANAPARA
P.S. DISPUR
DIST.- KAMRUP(M)
ASSAM
PIN- 781022.
13:SRI AMAL PADUM KONWAR
W/O- D.N. HATIBARUAH
R/O- DUGHALAPAM
P.O. RAJABHETA
DIST.- DIBRUGARH
ASSAM
PIN- 786008
14:SRI MOINUL HAQUE CHOUDHURY
W/O- LATE FIKIRUDDIN AHMED
R/O- DOMDOMA PATHAR
P.O. RAMPUR
DIST.- NALBARI
ASSAM
PIN- 781312.
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15:SRI DIPANKA KUMAR SARMA
S/O- LATE NARENDRA NATH SARMA
R/O- BEHERBARI
SURAJMUKHI PATH NEAR HOCKEY STADIUM
P.O. SAUKUCHI
P.S. BASISTHA
DIST.- KAMRUP(M)
ASSAM
PIN- 781040.
16:SRI PRADIP KUMAR MISHRA
S/O- LATE KUMUD CH MISHRA
R/O- BELTOLA
BHAGADUTTAPUR
PARIJAT PATH
H/NO. 1
DIST.- KAMRUP(M)
ASSAM
PIN- 781028.
17:SRI JATINDRA NATH TALUKDAR
S/O- LATE HARI CHARAN TALUKDAR
R/O- VILL.- GHATBARSADARI
P.O. BAMAKHATA
P.S. PATACHARKUCHI
DIST.- BARPETA
ASSAM
PIN- 781325.
18:MD. ABDUR ROUF
S/O- LATE SIDDIQUE HUSSIAN
R/O- GAURIPUR WARD NO.2
P.O. GAURIPUR
DIST.- DHUBRI
ASSAM
PIN- 783331.
19:SRI NABIN GOGOI
S/O- LATE INDRESWAR GOGOI
R/O- VILL.- GABHROO KONWAR GAON
P.O. SELENGHAT
DIST.- JORHAT
ASSAM- 785636.
20:SRI DILIP KUMAR RABHA
AGED ABOUT 45 YEARS
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S/O LT. SIBARAM DEKA
VILL- KULSI
P.O.- KULSI
P.S.-PALASHBARI
DIST.- KAMRUP (M)
PIN-781125
21:SRI PRASANNA KR. DEKA
AGED ABOUT 58 YEARS
S/O- LT. BHABENDRA NATH DEKA
VILL.-TAKURAKUCHI
P.O.-BETBARI
P.S.-SIMLA
DIST.-BAKSA
ASSAM
PIN-781327
Advocate for the Petitioner : MR. M BHAGABATI
Advocate for the Respondent : MR. S S ROY (GA
ASSAM (R-1
2
3
4))
BEFORE
HONOURABLE MR. JUSTICE ACHINTYA MALLA BUJOR BARUA
ORDER
Date : 19-05-2020 Heard Mr. M Bhagabati, learned counsel for the writ petitioners and Mr. D Baruah, learned counsel for respondents No.10 to 19. Also heard Mr. R Dhar, learned counsel for the Sericulture Department, Government of Assam.
2. The minutes of the meeting of the Selection Board held on 16.08.2019 for selection of the candidates for promotion to the cadres of Deputy Director, Assistant Director and Superintendent is being assailed in this writ petition. We have gone through the minutes of the meeting of the Selection Board dated 16.08.2019, from where it is discernible that in the said meeting the promotion to the Page No.# 7/8 cadre of Deputy Director of Sericulture, promotion to the cadre of Assistant Director of Sericulture and promotion to the cadre of Superintendent of Sericulture were all considered in the same minutes of the meeting.
3. This writ petition is instituted by 6(six) writ petitioners and the six writ petitioners are aggrieved in various ways, some against the recommendation to the promotion in the cadre of Deputy Director, some against the recommendation to the promotion in the cadre of Assistant Director and some against the recommendation to the promotion in the cadre of Superintendent, but all of them have different reasons and cause of action for assailing the respective recommendations. The legal right that various writ petitioners have claimed being different, the manner in which the legal rights are alleged to have been violated being different, we are of the view that this writ petition would not be maintainable in the present form because of mis-joinder of the causes of action. Further considering the nature of the grievance raised, the petitioners are given the liberty to institute separate writ petitions in respect of the three separate causes of action against the recommendation of the selection committee in the cadre of Deputy Director; in the cadre of Assistant Director; and in the cadre of Superintendent of Sericulture Department so that the legal issues raised can be appreciated in the three different circumstances.
4. In the aforesaid circumstance, Mr. Bhagabati, learned counsel for the writ petitioners prays that he may be allowed to withdraw the writ petition and file three separate writ petitions for the separate causes of action. However, it is also prayed that as some prima facie case has been made out by the petitioners, therefore, the interim order be retained for a limited period of time so that the writ petitioners are enabled to file their respective writ petitions. Prayer for withdrawal is allowed. Liberty granted.
5. The interim order passed on 29.08.2019 and other such interim order passed in the writ petition shall continue for a period of 15(fifteen) days from today.
6. If the writ petitioners institute separate writ petitions within the period of 15(fifteen) days the same would be given its due consideration on its own respective merit and in the event, the writ petitions are not filed, the interim order continued by this order shall come to an end on the expiry of the period of 15 days from today.
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7. Writ petition stands disposed of in the above terms.
JUDGE Comparing Assistant