JAMES EDWIN BADSHAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THIS petition under Article 226 of the Constitution raises the question of the validity of the order, dated 26 December 1959, passed by the Joint Secretary to the Government of Assam, opposite party 4, and another order, dated 3 March 1960, passed by the Chief Secretary to the Government of Assam, opposite party 2, in the following circumstances.

(2.) THE petitioner was appointed as a lower division assistant in the Assam Secretariat on 10 February 1949. After passing the competitive examination conducted by the Assam Public Service Commission in the year 1950 the petitioner was confirmed on 19 May 1951, in the said post. On 21 September 1953 he was promoted as upper division assistant in the Assam Secretariat and was confirmed in the said post on 13 October 1958.

(3.) BY an order, dated 21 March 1958, issued by the Chief Secretary to the Government of Assam it was pointed out that all officiating promotions to the post of assistant superintendents would be subject to reversal on final determination of seniority and the seniority lists prepared would be treated as provisional until the final determination of seniority inter se of the assistants in the amalgamated establishment of the Secretariat.