Allowed

Kishore Sarma Bordoloi and 4 Ors. v. Jiban Ch. Siakia and 10 Ors.

Gauhati HC9 Jan 2020I.A.(Civil)/78/2020

Case brief

AI extract

What is this about?

This interlocutory application sought the impleadment of applicants as respondents in a connected writ petition regarding an illegal DPC meeting. The court allowed the impleadment, observing that the applicants were necessary parties for the proper disposal of the main proceeding.

What did the court decide?

Allowance of impleadment of the applicants as party respondents Nos. 10 to 14 in the connected Writ Petition No. 6135/2019.

Kishore Sarma Bordoloi and 4 Ors. Vs Jiban Ch. Siakia… — Service and Employment | Gauhati HC (2020)

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GAHC010006252020

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

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Case No. : I.A. (Civil) No. 78/2020 in

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WP(C) No. 6135/2019

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1:KISHORE SARMA BORDOLOI AND 4 ORS. S/O- LATE SULADHAR BORDOLOI, R/O- TARAJAN GAYAN GAON, P.O., P.S. AND DIST.- JORHAT, ASSAM, PIN- 785001.

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2: 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. 3: 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.

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4: SRI AMAL PADUM KONWAR W/O- D.N. HATIBARUAH R/O- DUGHALAPAM P.O. RAJABHETA DIST.- DIBRUGARH ASSAM PIN- 786008

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5: 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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VERSUS

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1:JIBAN CH. SIAKIA AND 10 ORS.

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S/O- LATE RAJANI KANTA SAIKIA, R/O- VILL.- LACHIT NAGAR, P.O. KHELMATI, P.S. NORTH LAKHIMPUR, DIST.- LAKHIMPUR, ASSAM-787032.

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2:SRI NABA KUMAR SARMA S/O- LATE PADMESHWAR SARMA R/O- VILL.- PATA SATRA P.O. AND P.S. PATACHARKUCHI DIST.- BARPETA ASSAM- 781326.

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3:SRI NILUTPAL BURAGOHAIN S/O- LATE KANDARPA NATH GOHAIN R/O- VILL.- GOPAL NAGAR P.O. AND P.S. NOONMATI DIST.- KAMRUP(M) ASSAM- 781020.

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4:SRI SAILENDRA NATH MEDHI S/O- LATE PRAN GOPAL MEDHI R/O - DOLBARI SATGAON P.O.- UDAYAN VIHAR GUWAHATI DISTRICT- KAMRUP (M) ASSAM PIN-781171

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5:DR. MUKUL DEKA S/O LATE PHULESWAR DEKA R/O- VILLAGE - AHAKA P.O. - RAJGHAT P.S.- MANGALDAI DISTRICT- DARRANG ASSAM PIN-784529

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6:DR. DIPAK NATH S/O LATE DR. GUBIN CH. NATH

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R/O- SANTIPUR P.O. AND P.S. - DEMOW DISTRICT- SIBSAGAR ASSAM PIN-785602 7:THE GOVT.OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY HANDLOOM TEXTILE AND SERICULTURE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6. 8:THE COMMISSIONER AND SECRETARY DEPARTMENT OF WELFARE OF PLAINS TRIBES AND BACKWARD CLASSES GOVT. OF ASSAM DISPUR GUWAHATI-6. 9:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM PERSONNEL (B) DEPARTMENT DISPUR GUWAHATI-6. 10:THE DIRECTOR OFFICE OF THE DIRECTORATE OF SERICULTURE ASSAM KHANAPARA GUWAHATI-22. 11:SRI ANJAN KUMAR SHARMA THE COMMISSIONER AND SECRETARY HANDLOOM TEXTILES AND SERICULTURE DEPARTMENT GOVT. OF ASSAM DISPUR GUWAHATI-6

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Advocate for the Petitioner : MR D BARUAH Advocate for the Respondent : GA, ASSAM

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BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 09-01-2020

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Heard Mr. D. Baruah, learned counsel for the applicants and Mr. M. Bhagawati, learned counsel for the opposite party Nos. 1 to 6/writ petitioners. Also heard Mr. S. S. Roy, learned Government Advocate, Assam for the proforma opposite party Nos. 7 to 9.

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The opposite party Nos. 1 to 6 as petitioners preferred the connected WP(C) No. 6135/2019, praying, amongst others, for setting aside and quash the DPC meeting held on 16.08.2019 for promotion to the post of Assistant Director and Superintendent in the Handloom Textiles and Sericulture Department of the State, which, according to the petitioners, was in violation of law, wherein they have also prayed for direction to the respondents in the Handloom Textiles and Sericulture Department to conduct a new DPC in compliance of the Office Memorandum of the Department of Welfare of Plains, Tribes and Backward Classes under No. TAD/BC/68/2011/Pt.1/207 dated 03.08.2016.

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In the said WP(C) No. 6135/2019, the present applicants were not made party respondents, who were considered in the said DPC meeting dated 16.08.2019.

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The Court on 28.08.2019, while issuing notice to the respondents in the said WP(C) No. 6135/2019, in the interim, directed the respondents therein not to finalize the proceedings of the DPC meeting held on 16.08.2019 and also not to make any promotion on the basis of the DPC’s said recommendation 16.08.2019.

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However, on 28.08.2019, the respondents in the Handloom Textiles and Sericulture Department issued orders promoting the applicants to the post of Assistant Directors.

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By another order dated 09.09.2019 passed in I.A.(C) No. 2944/2019 filed in said WP(C) No. 6135/2019, the Court observed that the consequential notification issued by the respondents in the Handloom Textiles and Sericulture Department, promoting the candidates to the post of Assistant Directors and Superintendents in the Handloom Textiles and Sericulture Department, pursuant to the DPC meeting held on 16.08.2019, as has been issued inspite of the order of the Court dated 28.08.2019, therefore, such consequential notification issued by the respondents in the Handloom Textiles and Sericulture Department on 28.08.2019 or such other notification/instruction should be kept in abeyance until further orders of the Court since both the orders of the Court dated 28.08.2019

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passed in WP(C) No. 6135/2019 as well as the order dated 09.09.2019 passed in I.A.(C) No. 2944/2019 were on the basis of the petition/application filed by the writ petitioners/present opposite party Nos. 1 to 6, without making the applicants as party respondents in those proceedings. Hence, the applicants have filed this application praying for impleadment of their names as respondent Nos. 10 to 14 in the connected WP(C) No. 6135/2019.

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Mr. Bhagawati, learned counsel for the opposite party Nos. 1 to 6/writ petitioners and Mr. S. S. Roy, learned Government Advocate, Assam for the proforma opposite party Nos. 7 to 9 have no objection allowing the impleadment of the applicants as party respondents in said WP(C) No. 6135/2019.

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After hearing the parties, the Court is of the view that present applicants are necessary parties for proper adjudication of said WP(C) No. 6135/2019, which is pending for disposal.

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Accordingly, the applicants be impleaded as party respondent Nos. 10 to 14 in the connected WP(C) No. 6135/2019.

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With the above observations and directions, this Interlocutory Application stands allowed.

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JUDGE

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Comparing Assistant

Kishore Sarma Bordoloi and 4 Ors. v. Jiban Ch. Siakia and 10 Ors.

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Kishore Sarma Bordoloi and 4 Ors. v. Jiban Ch. Siakia and 10 Ors.

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