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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH
Gauhati High Court (Principal Seat) Employees Association – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
Heard Mr. D. Das, the learned Senior Counsel assisted by Mr. K. Mohammed, the learned Counsel appearing on behalf of the petitioners. I have also heard Mr. D. Nath, the learned Senior Government Advocate, Assam appearing on behalf of the Respondent Nos.1 & 3; Mr. R. Borpujari, the learned counsel appearing on behalf of the Respondent No.2 and Mr. T. J. Mahanta, the learned Senior Counsel as well as the learned Standing Counsel of the Gauhati High Court assisted by Mr. P. P. Dutta, the learned Counsel appearing on behalf of the Respondent Nos.4 & 5. None appears on behalf of the private respondents.
2. Both the writ petitions are taken up together for disposal as they are inter-connected.
3. The question involved in WP(C) No.1009/2024 is as to whether the post of Registrar (Establishment) which is a post created for the Principal Seat of the Gauhati High Court can only be filled up by incumbents from the Principal Seat or can also be filled up by incumbents from the Permanent Benches of the Gauhati High Court at Itanagar, Kohima and Aizawl?
4. To decide the said question, let this Court briefly take note of t
The Chief Justice has the discretion to appoint the Registrar (Establishment) from both the Principal Seat and Permanent Benches, as the Rules of 1967 do not restrict this.
The Chief Justice has exclusive authority to set pay and service conditions for court employees under Article 229(2), and financial constraints cannot justify the refusal of approval for such determi....
The decision of the Administrative Committee to club the posts of Assistant Registrars (Legal) and the Stamp Reporter(s) for being considered for promotion to the post of Deputy Registrar (Legal) by ....
The court ruled that a seniority condition in the appointment of a Court Officer does not prevent the incumbent's eligibility for promotion to a higher cadre, emphasizing that merit should prevail in....
The Chief Justice has the discretion to relax qualifications for appointment to the Secretary's post, and judicial review does not permit substituting the Chief Justice's discretion unless arbitrary.
The Chief Justice's recommendations for pay scales under Article 229 must be approved by the state unless there are strong reasons for refusal, emphasizing the principle of equal pay for equal work.
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