S B BHATTACHARJEE Vs. S D MAJUMDAR

JUDGEMENT

(1.) LEAVE granted.

(2.) INTERPRETATION of an Office Memorandum dated 10.10.2002 providing for the mode and manner for considering the suitability of candidates for promotion from one post to the other, falls for consideration in these appeals which arise out of a common judgment and order dated 27.01.2006 passed by a Division Bench of the Gauhati High Court in Writ Appeal No. 5 of 2004 whereby and whereunder the appeal preferred by Respondent No.1 from a judgment and order 29.11.2004 passed by a learned Single Judge of the said High Court in Writ Petition (Civil) No. 44 of 2004, was allowed.

(3.) BEFORE we embark upon the rival contentions of the parties, we may notice the assessment of ACRs of the appellant and respondent no.1 respectively from 1997-98, which is as under : <FRM>JUDGEMENT_749_TLPRE0_2007Html1.htm</FRM>