JUDGMENT :

DEVASHIS BARUAH, J.

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. Bhattacharyya, 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 appearing on behalf of the State of Assam and Mr. H. K. Das, the learned Standing counsel appearing on behalf of the Gauhati High Court.

FACTUAL MATRIX:

WP(C) No.7112/2023:

3. The Petitioner herein was appointed as a Lower Division Assistant in the establishment of Chief Judicial Magistrate, Darrang, Mangaldai vide an order dated 16.07.1997. Upon the creation of the Udalguri Judicial District, the Petitioner was transferred to Udalguri vide an order dated 26.02.1999. It is relevant to take note of that on 31.03.2007, 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.

4. It is relevant to take note of at this stage that the Assam District and Sessions Judges Establishment (Ministerial) Service Rules, 1987 (for short, ‘the District and Sessions Judges Rules’) as well as the Assam Chief Judicial Magistrates Establishment (Ministerial) Service Rules, 1987 (for short ‘the Chief Judicial Magistrate Service Rules’) did not have the post of Accountant within its cadre. During the course of hearing, it was brought to the attention of this Court that the post of the Accountant had only been created in the three districts of Udalguri, Chirang and Baksa.

5. In the year 2012, after the creation of post of Accountant in the establishment of the Chief Judicial Magistrate, Udalguri, the Petitioner was promoted to the post of Accountant vide an order dated 17.03.2012. A further perusal of the order dated 17.03.2012 shows that the Petitioner along with one Shri Bhupendra Nath Baruah who were both the senior most Lower Division Assistant were promoted to the post of the Accountant as well as the Upper Division Assistant respectively. On 27.02.2023, the Office of the Chief Judicial Magistrate, Udalguri had issued an advertisement. In the said advertisement, the eligibility criteria set out was that the candidates must have experience as Upper Division Assistant with at least 10 (ten) years of service as such to their credit including Supervisory Assistants in any Chief Judicial Magistrate Establishment of Assam as on 27.02.2023.

6. Pursuant to the said advertisement, two candidates submitted their application. One candidate was the Petitioner and the other candidate was the Respondent No.5. As both the candidates were not found eligible due to non-fulfillment of the eligibility criteria, a notification was issued dated 14.06.2023 intim