J.S.VERMA, J. - (1.) LEAVE granted.
(2.) ON the basis of a competitive examination for filling certain posts of Junior Grade Translator in the Guwahati High Court, certain persons were selected and on the basis of their comparative merit placed as under: 1. Shri JatendraCh. Das 2. Smt. Dipika Devi 3. Shri Bhaba Kanta Hazarika 4. Shri Birajmohan Goswami 5. Shri Suresh Ch. Sarma It is obvious that the appellant - Smt. Dipika Devi was placed above respondent No. 1 - Bhaba Kanta Hazarika, Birajmohan Goswami and Suresh Ch. Sarma on the basis of the comparative merit of the selected candidates. After the appointment was given to them, respondent No. 1 Bhaba Kanta Hazarika joined duties on 11.9.84 while the appellant Smt. Dipika Devi joined on 12.9.84 i.e. the next day. On August 2, 1988, the appellant - Smt. Dipika Devi was promoted as Senior Grade Translator. Respondent No.1 had filed a writ petition challenging appellant's earlier promotion to the higher post claiming that he was senior to the appellant because he had joined duty as Junior Grade Translator a day prior to the appellant. This writ petition was allowed by the Guwahati High Court on 19.10.90.
(3.) IT appears that no date of confirmation was assigned to any of these persons selected as Junior Grade Translators till after the decision of the High Court. After that decision, two orders were made by the High Court by which these persons were confirmed as Translators and date of confirmation was assigned to them. These orders dated 30.5.91 and 14.8.91 read as under: ORDER Dated the Guwahati 30.5.91 "No. HC.V-28/76/10,666/Estt. The following incumbents are confirmed as Translators with effect from the dates shown against their names. 1. Shri Bhaba Kanta Hazarika 29.6.86 2. Shri Suresh Ch. Sarma 1.7.86 3. Shri Kamal Ranjan Sur Roy 2.9.86 4. Smti. Shahida Begum Choudhury 9.8.89 Sd/- B.P. Saikia Registrar (Admn.) ORDER Dated the Guwahati 14.8.91 "No. HC.V-28/76/17399/Estt. Smt. Dipika Devi, Translator, is confirmed as Translator with effect from 30.6.86. By orders, Sd/- D. Biswas Registrar (1 & E) The High Court held in favour of the respondent No. 1 only because respondent No. 1 had joined duty a day prior to the appellant even though in the select list on the basis of merit, the appellant was placed at SI. No.2 next only to Jatendar Ch. Das and the remaining selected candidates including respondent No. 1 were at Sl. Nos. 3,4 and 5.;