COMMISSIONER ASSAM STATE HOUSING Vs. PURNA CHANDRA BORA

JUDGEMENT

(1.) On 27th March, 1989 the first respondent was "temporarily appointed" as Accounts Assistant by the appellant. The appointment order stated that he would serve on "till appointment of Accounts Assistant is made on regular basis". It appears that thereafter interviews were held for regular appointment to the post, to which the first respondent was called. He was not selected. On 17th November, 1989 the appellant appointed as Accounts Assistant five persons who had been selected and on the same day an order was made releasing the first respondent from service with immediate effect.

(2.) The first respondent filed a writ petition in the High Court at Gauhati. The writ petition was allowed and the order releasing the first respondent from service was set aside. The High Court went through the records and found that although the Chairman of the appellant had directed that the selection should be made on the basis of a written test and interview, only an interview had been held. Also the appointment order indicated that the five persons were appointed temporarily subject to discharge. The High Court took the view that the order sheet did not indicate the names of the persons who had been selected by the Selection Committee and approval of the selection, and, in the absence of reasons in the order itself, the reasons given in the counter affidavit could not be taken into account.

(3.) This Court granted leave to the appellant to appeal and stayed the operation of the impugned judgment and order. It would appear that, as a consequence, the first respondent lost interest in the matter and does not appear before us.