BIMAL CHANDRA TAMULI AND 2 ORS Vs. STATE OF ASSAM AND 5 ORS
LAWS(GAU)-2018-11-39
HIGH COURT OF GAUHATI
Decided on November 15,2018

Bimal Chandra Tamuli And 2 Ors Appellant
VERSUS
State Of Assam And 5 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. PKR Choudhury, the learned counsel for the petitioners. Also heard Mr. Y Doloi, the learned Standing Counsel appearing for the Transport Department and Mr. UK Nair, the learned senior counsel appearing for the respondent Nos. 5 and 6.
(2.) This writ petition was filed on 24.06.2014 by the writ petitioner on being aggrieved with the Judgment and Order dated 11.12.2012, passed by the Assam Administrative Tribunal in Case No. 53 ATA/2010 and the consequential Notification dated 22.11.2013, issued by the Transport Department giving the private respondent Nos. 5 and 6 the benefit of being considered for promotion to the post of Assistant Engineers with retrospective effect from 18.08.2010 alongwith seniority in terms of the decision of the Assam Administrative Tribunal. The further prayer of the petitioners is also for regularization of their services as Assistant Engineer since they were only given officiating promotion to the post of Assistant Engineers vide Notification dated 27.09.2013.
(3.) Be it stated herein that the petitioner No.1 was allowed to officiate as work charge Junior Engineer under the Directorate of Inland Water Transport Department vide order dated 13.05.1986. Thereafter, vide Office order dated 24.04.1990, the petitioner No.1 was appointed as Junior Engineer (Civil) under the Directorate. Petitioner Nos. 2 and 3 were appointed to the same posts under Regulation-3(f) of the Assam Public Service Commission (Limitation and Function) Regulation, 1951 vide Office Orders dated 21.09.1985 and 26.07.1985 respectively. Petitioner Nos. 2 and 3 were regularized in the said post vide office order dated 23.03.1990 and the petitioner No.1 was regularized vide Office Order dated 19.06.1990.;


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