JAYANTA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The issue involved in both the writ petitions is on the question as to whether the post of Accountant which was created in the three Districts i.e. Baksa, Chirang and Udalguri would be a feeder post to the post of Head Assistant.

(2.) Heard Mr. K. Sarma, the learned counsel appearing on behalf of the Petitioner in WP(C) No.7112/2023 and Mr. A. Bhatta-charyya, the learned counsel appearing on behalf of the Petitioner in WP(C) No.662/2025. I have also heard Mr. D. Nath, the learned Senior Government Advocate appe-aring on behalf of the State of Assam and Mr. H. K. Das, the learned Standing counsel appearing on behalf of the Gauhati High Court.

(3.) The Petitioner herein was appointed as a Lower Division Assistant in the establishment of Chief Judicial Magistrate, Darrang, Mangaldai vide an order dtd. 16/7/1997. Upon the creation of the Udalguri Judicial District,the Petitioner was transferred to Udalguri vide an order dtd. 26/2/1999. It is relevant to take note of that on 31/3/2007, the State of Assam through the Deputy L.R. and Deputy Secretary to the Government of Assam, Judicial Department had issued a communication to the to the Accountant General (A&E), Assam in respect to creation of post for the District and Sessions Judge Courts and Chief Judicial Magistrate Courts in three newly created Districts namely Udalguri, Chirang and Baksa. In the said newly created three Districts namely Udalguri, Chirang and Baksa, three posts of Accountant were created in the District and Sessions Judge Establishment and three posts of Accountant were created in the Chief Judicial Magistrate Establishment in the three Courts in the District of Udalguri, Chirang and Baksa.