S.C.DAS, J. - (1.) Heard learned senior counsel, Mr. D.K. Mishra for the petitioners, and learned Addl. A.G., Assam, Mr. D. Saikia for the State respondents and learned senior counsel, Mr. D. Das for the private respondents.
(2.) By filing this writ petition under Article 226 of the Constitution of India, the petitioners sought for the following relief(s): "....It is therefore most respectfully prayed that Your Lordships may graciously be pleased to admit this Petition, call for the records of the case and issue a Rule calling upon the Respondents to show cause as to why the Rule 11(1) and Rule 19(5-A) of the Assam Directorate Establishment (Ministerial) Service (Amend-ment) Rules, 1987 and notification issued under memo No.HLA.133/98/317-A dated 01.03.2011 issued by the Under Secretary to the Govt. of Assam, Health and F.W.(A) Department should not be set aside and quashed and be pleased to struck off the Rule 11(1) and Rule 19(5-A) of the Assam Directorate Establishment (Ministerial) Service (Amendment) Rules, 1987 by declaring the same as ultra virus of the Constitution of India and as to why a writ in the nature of Mandamus should not be issued directing the Respondent authorities to maintain the petiti-oners original position in the gradation list placing them above the private respondents in the cadre of Upper Division Assistants and cause or causes been shown and upon hearing the parties be pleased to make the Rule absolute and/or pass such further or other order or orders or direction as Your Lordships may deem fit and proper."
(3.) Rule 11(1) and Rule 19(5-A) of the Assam Directorate Establishment (Minis-terial) Service (Amendment) Rules, 1987(for short, Amendment Rules, 1987) and the Notification No.HLA.133/98/317-A, dated 01.03.2011, have been challenged and the petitioners prayed for setting aside and quashing the same, which read thus: "11.-Encadrement of Typists (Ordinary Grade). (1) Typists of ordinary grade who were appointed on or before December 31, 1980 and were borne in the service on January 1, 1981 shall be deemed to have been encadred as Lower Division Assistants on January 1, 1981. (2) Typists of ordinary grade who have been appointed on or after January 1, 1981 but before the publication of the Assam Directorate Establishment (Ministerial) Service (Amend-ment) Rules, 1987 shall be deemed to have been encadred as Lower Division Assistants on the dates of their appointments as Typists ordinary grade in the service." "19(5-A) (i) The inter-se-seniority between the typists encadred as Lower Division Assistants under sub-rule (1) of rule 11 and other Lower Division Assistants appointed on or before December 31, 1980, shall as on January 1, 1981 be fixed by placing the former group immediately after the latter group and the relative position of those in the former group, among themselves, shall be in the order in which their position had been as typists (ordinary grade)." (ii) The inter-se-seniority of the typists' encadred as Lower Division Assistants under Sub-rule (2) of rule 11 and other Lower Division Assistants shall be determined by treating their appointments as if made under sub-rule (1) of rule 10. (b) sub-rule(7) shall be deleted." judgement_65_gault3_2013.htm;