NABIN BARDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) All these writ petitions were heard together on the prayer of the counsel for the writ Petitioners and Respondents as common question of law and fact are involved. These cases are disposed of by this common judgment.

(2.) Heard Sri AM. Mazumdar, learned Senior Advocate, Shri K.H. Choudhury, learned Senior Advocate, Sri H.R.A. Choudhury, and Shri H. Mahanta, learned Government Advocates.

(3.) The case of the writ Petitioner Nabin Chandra Bordoloi in CR 336/1998 hereinafter refereed as P-1 is that he was appointed in the cadre of Assam Education Service Class-I on 5.5.1982 under rule 3(F) of Assam Public Service Commission Regulation 1951 in short the Regulations. The service of the Petitioner was regularised by notification dated 20.12.1989 giving retrospective effect from 16.1.87. The Respondent No. 3 to 13 were appointed by the State of Assam in the Assam Education Services, Class-I on the recommendation of the Assam Public Service Commission vide order dated 13.7.1988. According to the Petitioner he is senior in service to the Respondents but the Respondents were promoted and he was placed below the Respondent in the gradation list. The prayer of P-1 is that his seniority should be fixed from the date of his joining the service on 22.5.84 and the subsequent gradation list should be quashed and the Petitioner should be placed above the Respondents.