GAUHATI HIGH COURT Vs. KULADHAR PHUKAN
SUPREME COURT OF INDIA (FROM: GAUHATI)
GAUHATI HIGH COURT
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(2.)On 2-7-1977, Kuladhar Phukan, the respondent No. 1, was appointed as a judicial officer in Assam Judicial Services Grade III and on 5-7-1977, he was posted as Judicial Magistrate Second Class at Tinsukia. On 27-2-1986, the Government of Assam, Judicial Department; Judicial Branch made an advertisement inviting applications for appointment for a post of Deputy Secretary in Grade III of Assam Legal Service. Such appointment was to be made under Regulation 3(e) of APSC (Limitation of Function) Regulations, 1951 to meet the immediate need. The appointment was temporary and terminable without notice on the post being filled up through the Assam Public Service Commission (APSC) by way of regular recruitment. The field of recruitment was advocates or pleaders with five years practice or judicial officers with five years standing. The respondent No. 1 made an application which was forwarded by the High Court of Assam. He was selected and appointed "temporarily and until further orders" in Grade III of the Assam Legal Service. Copies of notification of appointment dated 18-7-1986 were sent to the Registrar, Gauhati High Court, Gauhati with a request to release the officer immediately so as to enable him to join the new assignment; to the respondent No. 1 informing him that as soon as the post was advertised by the APSC, he should apply to the APSC for regularisation of his ad hoc appointment; and to the Secretary, APSC stating that the appointment became necessary in the interest of public service and the Commission was requested to advertise the post immediately and send its recommendation to the Government as early as possible.
(3.)On 29-7-1986, the High Court directed the respondent No. 1 to hand over charge of his office to another judicial officer and proceed to join his new assignment immediately. The Government was informed that the services of the respondent No. 1 were being placed at the disposal of the Government of Assam consistently with the appointment made. On 11-9-1986, the respondent No. 1 was confirmed in Assam Judicial Service Grade III. His relative seniority was determined in Grade II of Assam Judicial Service and he was placed on probation in Grade II.
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