KUSHAL CHANDRA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) BY this common judgment and order, I propose to dispose of both these writ petitions inasmuch as these writ petitions involve many undisputed common facts, which the contesting parties rely upon, and the questions of law, raised in the two writ petitions, are substantially common in nature and, further, on the request of the learned Counsel for the parties concerned, both the writ petitions have been heard together, because the decision, in any of the two writ petitions, would have a bearing on the outcome of the other writ petition.

(2.) PURSUANT to a Combined Administrative Examination, conducted by the Assam Public Service Commission (in short, 'APSC'), for filling up the posts of Class -I and Class -II ACS officers, a select list was published on 26 -07 -1983. The ACS Class -II posts include, amongst others, Deputy Superintendent of Police (in short, 'DSP') and District Transport Officer (in short, 'DTO'). The merit position of the contesting parties were as under:

(3.) FROM the said select list, JC Handique was appointed, on 25 -01 -1984, as Executive Magistrate. At the time of his selection and appointment, as Executive Magistrate, JC Handique had been functioning as regularly appointed Agriculture Extension Officer. JC Handique, therefore, on being released, on 10 -02 -1994, from the post of Agriculture Extension Officer, Government of Assam, joined, at Tezpur, on 13 -02 -1984, as Executive Magistrate.