LAWS(GAU)-2021-11-3

DILIP KALITA Vs. STATE OF ASSAM

Decided On November 02, 2021
Dilip Kalita Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The extraordinary jurisdiction of this Court is sought to be invoked by filing this application under Art. 226 of the Constitution of India whereby the petitioner has put to challenge a decision of the Cabinet dtd. 27/12/2017 and the consequential order dtd. 14/2/2018. The petitioner is also prayed for setting aside the gradation list dtd. 23/12/2002 and for a direction to grant regularization of the ad hoc services of the petitioner and to take into account such services while calculating the inter se seniority.

(2.) To appreciate the issue involved, it would be convenient to put on record the basic facts of the case.

(3.) The present writ petition is the fourth round of litigation. In the year, 1986 the State Government had promulgated a set of Rules known as Assam Public Services (Preferential Appointment) Rules, 1986 (hereinafter called, Rules of 1986). The object and purpose of the Rules was to give preference to victims of atrocities during the Assam Agitation mainly in the period from 1979 to 1985. The petitioner who claims to be eligible under the said Rules applied for appointment and vide order dtd. 29/1/1990, he was appointed on ad hoc basis as Lower Division Assistant (LDA) in the Assam Secretariat, the said appointment was under Rule 16 of the Assam Secretariat Subordinate Rules, 1963. Subsequently, on 25/2/1992, the service of the petitioner was regularized.