KULDHAR PHUKAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 6.5.96 passed by the learned Single Judge in Civil Rule No. 145/96.

(2.) We have heard Mr. Ranjan Gogoi, learned Sr. counsel for the appellant as well as Mr. D.P. Chaliha, learned counsel for the respondents No. 2 and 3.

(3.) Facts leading to the filing of the present appeal may be summarily recited. Appellant was initially appointed in a substantive post of Assam Judicial Service Grade-Ill by notification dated 2.7.77 and he joined the post orr. 5.7.77. While the appellant was working as such, the Joint Secretary to the Government of Assam, Judicial Department advertised one post of Deputy Secretary in Grade-Ill of Assam Legal Service under Regulation 3(e) of Assam Public Service Commission (Limitation of Functions) Regulation, 1951 (hereinafter the regulation). Appellant applied for the said post through proper channel and his application was forwarded by the respondent No. 3 without any objection. He became successful and he was recruited to grade-Ill of the Assam Legal Service and on being recruited to the Grade-Ill of the Assam Legal Service, he was released by the High Court on 29.7.86 and he joined the post on 30.7.86. Thereafter, by an order dated 11.9.86 appellant was confirmed in the Grade-III of the Assam Judicial Service. On 11.9.86 the Assam Public Service Commission advertised 3 (three) posts in Grade III of Assam Legal Service. Appellant also applied and appeared before the Public Service Commission and he was placed at serial No. 1 of the select list published on 2.9.1987. By a notification dated 10th Sept.' 87 the appointment of the appellant as Deputy Secretary, Govt. of Assam Legislative Department under Rule 3(1) of the Assam Public Service (Adhoc) Appointment Rules, 1986 made by notification dated 18.7.86 was regularized. This notification has important bearing. It reads :- <FRM> "GOVERNMENT OF ASSAM JUDICIAL DEPARTMENT :::: JUDICIAL BRANCH ORDERS BY THE GOVERNOR NOTIFICATION Dated Dispur, the 10th September, 1987 No. LJJ.293/87/5 : On the recommendation of the Assam Public Service Commission, the Governor of Assam is pleased to regularise the appointment of Shri Kuladhar Phukan who was appointed as Deputy Secretary to the Govt. of Assam, Legislative Department under Rule 31 of the Assam Public Service (adhoc) Appointment Rules, 1986 under this Department Notification No. JDJ.290/77/272 dt. 18.7.86. Sd/- S.M. Deka. Secretary to the Govt. of Assam, Judicial Department."</FRM>