BHUPENDRA NATH HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Leave granted.

(2.) In these appeals, the challenge is to the common judgment and order dated 9.9.2008 passed by the Division Bench of the High Court of Gauhati, Assam in WA Nos. 448 of 2004, 459 of 2004 and 465 of 2004 whereby stamp of approval has been given to the judgment and order dated 19.11.2004 passed by the learned single Judge in WP(C) Nos. 7482 of 2002, 7843 of 2002, 7564 of 2002, 8081 of 2002 and 298 of 2003 whereunder the learned single Judge had maintained the order dated 11.10.2002 passed by the Assam Administrative Tribunal, Guwahati (for short "the tribunal") in Appeal Case No. 79ATA of 1999, and dismissed WP(C) Nos. 4028 of 2003, 4129 of 2003 and 1031 of 2003 which were preferred directly for issuance of mandamus commanding the respondent authorities to consider the previous services rendered by the petitioners therein prior to their appointments in the Assam Police Service (Junior Grade) in the year 1993 and to determine their inter se seniority in the promotional cadre accordingly and further disposed of WP(C) 69 of 2003 preferred by an Additional Superintendent of Police, Guwahati for quashing of the appointment to the promotional post of the private respondents therein on the foundation that they had been promoted in violation of the provisions of the Assam Police Service Rules, 1966 (for brevity "the 1966 Rules").

(3.) Shorn of unnecessary details, the facts which are requisite to be stated are that the Assam Public Service Commission (for short "the Commission") issued an advertisement No. 9/92 dated 23.6.1992 inviting applications for preliminary examination for the Combined Competitive Examination, 1992-93 for selecting candidates for various posts and services including thirty vacancies in the Assam Police Service (Junior Grade) (for short "the APS") as requisitioned by the Commissioner-cum- Secretary to the Government of Assam in the Department of Personnel on 5.9.1992. On 29.8.1992, the Commission published another advertisement No. 12/92 inviting applications for filling up of 20 posts in the APS under Rule 5(1)(c) of the 1966 Rules. There is no dispute that the initial 30 vacancies were put in the compartment of "regular batch" or "direct recruitment" and the other 20 vacancies, which were sought to be filled up by way of special drive, were kept in the category of "special batch" or "promotional recruits". The main examination for the regular batch was held on 15.11.1992 for total marks of 1400. The examination for the special batch was held on 22.11.1992 for 650 marks. The Commission declared the result in respect of regular batch on 23.4.1993 and, vide letter dated 24.4.1993, recommended 30 candidates for appointment in order of merit. Despite the recommendation by the Commission, no appointment was made till 13.8.1993. At this juncture, the Commissioner-cum-Secretary to the Government of Assam in the Department of Home requested the Commission to furnish the select list of the special recruits at the earliest. On the basis of the aforesaid letter of request, the Commission sent its recommendations in respect of the candidates belonging to the special batch and on the basis of the said recommendation, vide notification No. HMA.478/86/Pt-I/17 dated 3.7.1993, the respondent Nos. 6 to 24 before the tribunal were appointed. The respondent No. 25 was appointed on 31.81994. Thereafter, the Competent Authority, vide notification No. HMA.110/93/43 dated 13.8.1993, appointed 28 persons from the regular batch. As the recruits of the special batch were appointed earlier, they were treated senior to the recruits belonging to the regular batch.