GAUHATI HIGH COURT Vs. KULADHAR PHUKAN
LAWS(SC)-2002-3-91
SUPREME COURT OF INDIA (FROM: GAUHATI)
Decided on
March 22,2002
GAUHATI HIGH COURT
Appellant
VERSUS
KULADHAR PHUKAN
Respondents
Referred Judgements :-
STATE OF WEST BENGAL VS. NRIPENDRA NATH BAGEHI [REFERRED]STATE OF ORISSA VS. SUDHANSU SEKHAR MISRA [REFERRED]
CHIEF JUSTICE OF ANDHRA PRADESH HIGH COURT OF ANDHRA PRADESH VS. L V A DIXITULU:V V S KRISHNAMURTHY [REFERRED]
MADAN MOHAN CHOUDHARY VS. STATE OF BIHAR [REFERRED]
STATE OF BIHAR VS. BAL MUKUND SAH [REFERRED]
Cited Judgements :-
PALANPUR BAR ASSOCIATION VS. HIGH COURT OF GUJARAT [LAWS(GJH)-2009-9-93] [REFERRED TO]DAYANAND SINGH VS. THE GOVERNMENT OF BIHAR THROUGH THE CHIEF SECRETARY [LAWS(PAT)-2014-11-25] [REFERRED TO]
SUBHAS PRASAD SINHA VS. STATE OF BIHAR [LAWS(PAT)-2011-9-26] [REFERRED TO]
AGRICULTURE PRODUCE MARKET COMMITTEE UNJHA VS. CHIEF INFORMATION COMMISSIONER [LAWS(GJH)-2015-8-79] [REFERRED TO]
TAPAN KUMAR DAS & ORS VS. REGISTRAR GENERAL & ANR [LAWS(CAL)-2009-7-123] [REFERRED]
PRAFULLA CHANDRA NAIK VS. EXECUTIVE DIRECTOR BANK OF MAHARASHTRA [LAWS(ORI)-2019-7-78] [REFERRED TO]
CHANDRA BHAN AND PARASHU RAM, BOTH SONS OF PALKI VS. DEPUTY DIRECTOR OF CONSOLIDATION AND ORS. [LAWS(ALL)-2005-12-275] [REFERRED TO]
SUJATA KOHLI VS. HIGH COURT OF DELHI [LAWS(DLH)-2007-12-96] [REFERRED TO]
B KRISHAN VS. UNION OF INDIA [LAWS(DLH)-2005-9-44] [REFERRED TO]
JANGA RAGHAVA REDDY VS. STATE OF TELANGANA [LAWS(APH)-2017-6-21] [REFERRED TO]
STATE OF GUJARAT VS. GUJARAT REVENUE TRIBUNAL BAR ASSOCIATION [LAWS(SC)-2012-10-43] [REFERRED TO]
ZILA SAHAKARI KRISHI AUR GRAMIN VIKAS BANK MYDT VS. PHOOL SINGH TANDESHWAR [LAWS(MPH)-2003-12-20] [REFERRED TO]
ARSHAD JAMIL VS. STATE OF UTTARANCHAL [LAWS(ALL)-2005-12-154] [REFERRED TO]
MALAY JAIN (PETITIONER IN PERSON) VS. HIGH COURT OF CHHATTISGARH [LAWS(CHH)-2021-8-12] [REFERRED TO]
NATIONAL CONSUMER AWARENESS GROUP (REGD.) VS. UNION OF INDIA AND ORS. [LAWS(P&H)-2004-5-116] [REFERRED TO]
PRAMOD KUMAR SINGH VS. STATE OF BIHAR [LAWS(PAT)-2011-5-2] [REFERRED TO]
LALBHAI DALPATBHAI BHARATIYA SANSKRITI VIDYA MANDIR VS. GUJARAT STATE INFORMATION COMMISSION [LAWS(GJH)-2020-5-224] [REFERRED TO]
ALL INDIA YOUNG LAWYERS ASSOCIATION VS. GOVT OF NCT OF DELHI [LAWS(DLH)-2006-2-85] [REFERRED TO]
ADELINE RODRIGUES VS. STATE OF MAHARASHTRA [LAWS(BOM)-2013-8-167] [REFERRED TO]
MS. ADELINE RODRIGUES AND OTHERS VS. STATE OF MAHARASHTRA AND OTHERS [LAWS(BOM)-2013-8-317] [REFERRED TO]
TAPAN KUMAR DAS VS. HIGH COURT AT CALCUTTA [LAWS(CAL)-2011-12-34] [REFERRED TO]
RAVI KUMAR MATHUR VS. UNION OF INDIA [LAWS(DLH)-2008-3-90] [REFERRED TO]
BHAVNAGAR DISTRICT COOPERATIVE BANK LTD VS. STATE OF GUJARAT [LAWS(GJH)-2014-4-12] [REFERRED TO]
ANDHRA BANK VS. ANDHRA BANK OFFICERS [LAWS(SC)-2008-5-113] [REFERRED TO]
RAJA DEEPAK KUMAR MISHRA VS. REGISTRAR GENERAL; DISTRICT JUDGE; INSPECTING JUDGE; ENQUIRY OFFICER-CUM-A D J I CIVIL COURT; SHUBHASH CHANDRA MISHRA [LAWS(PAT)-2015-11-117] [REFERRED]
MALAY JAIN VS. HIGH COURT OF CHHATTISGARH [LAWS(CHH)-2022-11-9] [REFERRED TO]
NIZVY SUNIL PRAKASH VS. SECRETARY, DENTAL COUNCIL OF INDIA [LAWS(MAD)-2013-11-140] [REFERRED TO]
REGISTRAR GENERAL HIGH COURT OF JUDICATURE AT MADRAS VS. R PERACHI [LAWS(SC)-2011-9-122] [REFERRED TO]
VALSAD DISTRICT CENTRAL CO. OP. BANK LTD. VS. BHASKAR Y. MEHTA [LAWS(GJH)-2016-8-227] [REFERRED TO]
DILIP DESHMUKH VS. STATE OF C.G. AND ORS. [LAWS(CHH)-2003-12-13] [REFERRED TO]
K. B. LENKENNAVAR VS. STATE OF KARNATAKA [LAWS(KAR)-2013-4-259] [REFERRED TO]
THALAPPALAM SER. COOP. BANK LTD VS. STATE OF KERALA [LAWS(SC)-2013-10-18] [REFERRED TO]
RAM TAWAKYA SINGH VS. STATE OF BIHAR [LAWS(SC)-2013-8-71] [REFERRED TO]
DHARMENDRA SWAROOP JAIN VS. UNION OF INDIA [LAWS(CHH)-2003-12-9] [REFERRED]
MANIPAL UNIVERSITY VS. S.K. DOGRA AND ORS. [LAWS(KAR)-2015-11-29] [REFERRED TO]
STATE OF M.P. VS. SANJAY NAGAYACH [LAWS(SC)-2013-5-51] [REFERRED TO]
B KRISHAN VS. UNION OF INDIA [LAWS(DLH)-2004-10-95] [REFERRED TO]
AJIT KUMAR VS. STATE OF JHARKHAND [LAWS(JHAR)-2007-11-27] [REFERRED TO]
JUDGEMENT
-
(1.)Leave granted.
(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.
(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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