ORDER

Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. T. Kashyap, the learned counsel appearing on behalf of the Petitioners and Mr. T. J. Mahanta, the learned Senior Advocate who is also the Standing counsel of the Gauhati High Court. I have also heard Mr. D. Nath, the learned Senior Government Advocate appearing on behalf of the State of Assam; Ms. P. Bhattacharjee, the learned Additional Advocate General appearing on behalf of the State of Mizoram, Mr. A. Chandran, the learned Additional Senior Government Advocate appearing on behalf of the State of Arunachal Pradesh and Ms. T. Khro, the learned Additional Advocate General appearing on behalf of the State of Nagaland.

2. The instant writ petition was filed by the Petitioners being aggrieved by the actions on the part of the Finance Department of the Government of Assam in rejecting the approval to be granted under Article 229(2) of the Constitution of India vide a Speaking Order dated 03.08.2022.

3. This Court vide a detailed order dated 19.06.2025 had set aside the said Speaking Order dated 03.08.2022 and further issued certain directions which have been specifically mentioned at Paragraph No.37 of the order dated 19.06.2025. Paragraph No.37 of the said order being relevant is reproduced herein under:

“37. Accordingly, this Court deems it proper to pass the following observation(s) and direction(s):

(i) The impugned order dated 03.08.2022 whereby the approval to the Draft Rules, 2013 in terms with the proviso to Article 229(2) of the Constitution was declined is not in consonance with the well settled principles of law as discussed hereinabove for which the same is set aside and quashed.

(ii) The Hon’ble Chief Justice of the Gauhati High Court on the administrative side is required to constitute a Committee taking into account the observations made by the Supreme Court in the case of High Court Employees Welfare Association, Calcutta (1) (supra) as well as paragraph 94 of the judgment of the learned High Court of Himachal Pradesh as reproduced in Himachal Pradesh High Court Non-Gazetted Employees/ Officials Employees Association and Another (supra) and on the basis thereof, the said Committee so formed be directed to submit a Report to the Hon’ble Chief Justice. It is observed that the Committee should have representation of the State Governments of Assam, Nagaland, Mizoram and Arunachal Pradesh as well as representatives from the Employees of the Principal Seat and the Outlying Benches. The Hon’ble Chief Justice on the basis of the said Report, if required, on the administrative side hold discussions with the four State Governments and thrash out any issue in respect to the approval of the Rules governing the service conditions in respect to pay, leave, pension, allowances so made by the Hon’ble Chief Justice under Article 229(2) of the Constitution.

(iii) The Registry is directed to place the present order before the Hon’ble Chief Justice, Gauhati High Court for doing the needful.

(iv) Taking into account that the Rules relating to the conditions of service pertaining to pay, leave, pension, allowances would have an impact upon the States of Nagaland, Mizoram and Arunachal Pradesh as well as the employees’ Association/representatives who represent the interest of the employees of the Outlying Benches of the Gauhati High Court, this Court directs the petitioner Association to file appropriate applications for impleading them as parties in the instant writ proceedings.

(v) The present writ petition is kept pending and the Registrar General of the Gauhati High Court is directed to submit a Report as to what had transpired to the observation(s) and direction(s) mentioned in paragraph (ii) hereinabove. The said Report be placed before this Court on or before 18.12.2025.”

4. It has also been brought to the attention of this Court that in pursuance to the