DHIRENDRA BARUAH Vs. STATE OF ASSAM
HIGH COURT OF GAUHATI
STATE OF ASSAM
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A.M.BUJOR BARUA,J. -
(1.) Heard Mr. T.N. Srinivasan, learned counsel for the petitioner, Mr. N. Sarma, learned Standing Counsel for the Secondary Education Department as well as Mr. D.K Sharma, learned counsel appearing for the respondent No.4. Although notices have been served on the respondent Nos. 5 to 14, it is stated by Mr. T. N. Srinivasan, learned counsel for the petitioner that no relief has been sought for in this writ petition against the said respondents and further any order to be passed, shall not prejudicially affect the said respondents.
(2.) The petitioner was appointed as a Scientific Instructor on 01.12.1981 under the Elementary Education Department of the Government of Assam. Thereafter, he was appointed as a Planning Assistant, where he had joined on 13.12.1983 in the Directorate of Elementary Education, Assam. Subsequently, he was promoted to the post of Statistical Officer on 19.09.1988 in the Scale of Pay of Rs.850-1775/- per month plus other allowances. The respondent No.4 on the other hand was appointed as a Research Officer on 28.11.1990 upon being recommended by the Assam Public Service Commission (APSC) and her services were regularized by the notification No.A(I)E8/98/6 dated 27.10.1998 w.e.f. 30.09.1989 i.e. the date of recommendation by the APSC for the purpose of counting her seniority.
(3.) By an order dated 05.04.1999 of the Secretary to the Government of Assam, Education Department, the respondent No.4 was promoted to the cadre of Assistant Director in the Directorate of Secondary Education, Assam under Regulation 4(d) of the APSC (Limitation and Function) Regulation, 1951 in the Scale of Pay of Rs.6650-250-8100-325-8750-EB-325-11025-400-12,625/- per month. The petitioner on being aggrieved by the said order of 05.04.1999, whereby the respondent No.4 was promoted to the cadre of Assistant Director had preferred a writ petition before this Court being WP(C) No.2546/1999. The said writ petition was disposed of by the order dated 22.01.2004, wherein, it was provided as under:-
"Situated thus, this Court is of the opinion that the matter has to be referred to the respondent auithority to examine the claim of the writ petition and if it is found that the private respondent was given promotion without considering the case of his seniors including the writ petitioner, the case of such senior officer including the writ petitioner shall be considered for the purpose of promotion with effect from the date when their junior was promoted." ;
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