N BIRENDRA SINGH Vs. L PRIYOKUMAR SINGH

JUDGEMENT

(1.) These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

(2.) The case has a chequered history. We would, however, note the factual matrix of the matter, from C.A.Nos.2126-2127 of 2001. The appellant was appointed as a Section Officer, Grade-I (Elect.). He was promoted to the post of Assistant Engineer (Elect.) on an ad hoc basis on 5-2-1980. By a Government order dated 30th September, 1985, on recommendations of Departmental Promotion Committee (DPC), the appellant was appointed as an Assistant Engineer on officiating basis w.e.f. 15-7-1085. The State, in supercession of the said order, promoted him as an officiating Assistant Engineer (Elect.) on a SC/ST reserved seat. A tentative seniority list was published in the year 1991 wherein his name was not included, presumably on the basis that his services had not been regularised. His services were, however, regularised w.e.f. 29-8-1992, but no retrospective effect thereto was given, whereupon he filed a writ petition before the Gauhati High Court. A learned single Judge of the said court by an order dated 27-11-1992 directed the State Government to regularise his ad hoc and/or officiating service w.e.f. 5-2-1980. The said direction was complied with by the State by issuing Government order dated 3-2-1993, in terms whereof the services of the Appellant were regularised with retrospective effect, i.e., w.e.f. 5-2-1980. It stands admitted that the said order dated 27-11-1992 was passed following a Division Bench decision of the said court dated 23-3-1992 passed in C.R.No.586/91 in the matter of one Kh. Ningthemjao Singh, who is also an appellant before us, wherein directions were issued in the following terms:

(3.) He thereafter filed a representation for determination of his seniority. As the question of seniority was pending before the High Court at the instance of some other officers, the appellant herein also filed a Writ Petition claiming similar reliefs which was marked as C.R.No.226/93.