MUKUT KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner seeks the nullification of the order dated 30.10.2008 of the Commissioner of Transport, Assam, Guwahati, declining him to grant appointment to the post of LD Assistant in the said Department contending in addition for an order and/or direction to provide him therewith in compliance of the judgment and order dated 23.08.1999 passed by this Court in CR No. 2192/1997.

(2.) I have heard Mr. D. K. Sarmah, learned counsel for the petitioner and Mr. U. Rajkhowa, learned Standing Counsel, Transport Department, Assam (hereafter for short referred to as the department).

(3.) As the learned counsel for the parties have advanced their arguments for final disposal at the motion stage on the basis of the materials presently available before this Court, this order would dispose of the instant proceeding on merits. In substance the petitioner's pleaded version is that in response to an advertisement issued by the District Transport Officer, Kamrup in the year 1992 for filling up vacant posts of LDA-cum-Typist in the department, he offered his candidature, and following the completion of the selection process a select list of the successful candidates, on merits, was drawn up on 14.05.1992, in which his name figured at Sl. No. 14. As, according to the petitioner, the departmental authorities resorted to pick and choose method in providing appointments, the select list notwithstanding, he approached this Court with CR No. 2192/1997, seeking for an appropriate writ and/or direction for his appointment. Meanwhile the candidates at Sl. Nos. 4, 5 & 7 of the select list, had also instituted CR No. 441/1995 and CR No. 1824/1996 with the same grievance. This Court by its judgment and order dated 23.08.1999 allowed the petitioner's writ petition with a direction to appoint him to the post of LDA-cum-Typist in the Department. Though, no appeal was preferred against the same, the State respondents sought a review of the said judgment and order but, this Court by its order passed in Review Application No. 106/2000 declined to do so.