SUBIR NAG Vs. NAZRUL ISLAM

JUDGEMENT

(1.) The dispute between the appellant and respondent no.1 revolves around an appointment to a promotional post namely, Head Assistant under the Nadia Zilla Parishad.

(2.) The relevant undisputed facts may be summarised as follows.

(3.) The appellant was initially appointed as a Lower Division Assistant on July 3, 1990. Thereafter he was promoted as an Upper Division Assistant with effect from July 2, 2008. The respondent no.1 was appointed as a Lower Division Assistant on November 17, 1999, and he was also promoted as an Upper Division Assistant with effect from the same date. In the gradation list, however, the appellant was placed above respondent no.1 on the basis of his seniority as per the initial date of appointment.