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Judgment
1.Heard Dr. Ashok Saraf, learned senior counsel for the applicants. Also heard Mr. D Doley, learned Government Advocate appearing for the
respondent Nos. 1,2 and 4.Mr. A Das, learned counsel appears on behalf of the Standing Counsel, Gauhati High Court whereas Mr. B Gogoi, learned
Standing counsel appears for the Finance Department.
This is an application for partial interference to the communication dated 12.09.2017 written by the Legal Remembrancer and Secretary to the
Government of Assam, Judicial Department addressed to the Principal Accountant General (A & E), Assam, Beltola on the subject of sanction for
extension of engagement of 19 numbers of Court Managers on contractual basis in the District Courts as well as Gauhati High Court, Guwahati.
It is the submission of the learned counsel for the applicants that due to non creation of permanent posts of Court Managers in the establishment of the
Gauhati High Court as well as districts Judiciary of Assam and for non absorption of the applicants in the permanent posts of Court Managers has not
been made, a writ petition was filed which was registered as WP ( C) No. 1915 of 2016. In the said writ petition, this Court passed an interim order
dated 21.03.2016 directing the respondents to ensure continuance of the existing incumbents as Court Managers until further order(s). Thereafter the
respondents had again issued the communication dated 12.09.2017 whereby the sanction of the Government of Assam for extension for engagement
of 19
numbers of Court Managers on contractual basis for the District courts and Gauhati High Court, Guwahati was given with the condition that they shall
be discharged w.e.f. 01.04.2018. Applicants are aggrieved by the condition given in the said communication dated 12.09.2017 that they shall be
discharged w.e.f. 01.04.018 more particularly when this Court by the order dated 21.03.2016 passed in WP ( C) No.1915 of 2016 had directed that
the respondents shall ensure the continuance of the applicants/ writ petitioners as Court Managers until further orders.
This Court has perused the materials available on record and also the order dated 21.03.2016 passed in WP (C) No. 1915 of 2016. A consideration of
the communication dated 12.09.2017 clearly indicates that the condition that the applicants/ writ petitioner shall be discharged w.e.f. 01.04.2018 is not
in conformity with the order dated 21.03.2016 passed by this Court.
In that view of the matter, the stipulation “ On condition that they shall be discharged w.e.f. 01.04.2018†in the communication dated 12.09.2017
written by the Legal Remembrancer and Secretary to the Government of Assam shall remain stayed until further order(s).