BIRENDRA CHANDRA SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The common questions involved in both the writ petitions is wether an appointee under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951 regularised subsequently is entitled to competition of seniority with effect from the date of initial appointment.

(2.) The Petitioner Shri Birendra Chandra Sarmah in Civil Rule No. 2180 of 1994 submitted an application for appointment to the post of Project Manager in pursuance of an advertisement published inviting applications under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951 in the year 1984. The Petitioner was called for interview and after selection was appointed as Project Manager under Regulation 3(f). The Petitioner joined the post on 31.3.1985. On 26.8.1993 the Assam Public Service Commission, for short the Commission, published an advertisement for regular appointment and the Petitioner applied and was interviewed. On selection, he was recommended by the Commission for appointment by letter dated 11.10.1993. The Petitioner's name appeared at serial No. 5 of the merit list. On 29.4.1994 the Petitioner submitted a representation for determination of his seniority taking into account the period he had served under Regulation 3(f) since 1985. As recommended, his services was regularised with effect from 11.10.1993 on condition that his inter-se seniority would be determined as per his position in the merit list. The Petitioner's case is that since be had joined the Department in the year 1985 after selection and continuously served the Department without any interruption, he is entitled to computation of seniority from 31.3.1985 and not from a subsequent date.

(3.) The Petitioner Ramani Kanta Dey of Civil Rule No. 3517 of 1997 also stands on the same footing with the Petitioner in Civil Rule No. 2180 of 1994. Initially be was appointed as Project Manager under Regulation 3(f) after interview and selection and he had joined the post on 25.2.1985. In the like manner, he was ultimately recommended and regularised in service with effect from 11.10.1993. His grievance is that he is entitled to seniority with effect from the date of his appointment under Regulation 3(f) after interview-and selection.