KHALENDRA DIBRAGEDE Vs. NORTH CACHAR HILLS AUTONOMOUS COUNCIL

JUDGEMENT

(1.) Heard Mr. B.D. Das, learned Senior counsel assisted by Mr. D. Thaosen, learned counsel for the petitioner as well as Ms. A. Neog for the respondent Nos. 1 to 4. No one appears for the respondent No. 5, though the Order dated 04.08.2020 passed by this Court states that notice had been served upon the respondent No. 5.

(2.) The case of the petitioner is that pursuance to an Advertisement dated 27.10.2017 issued by the respondent No. 3, the petitioner alongwith others applied for the vacant post of Grade-IV (Khalasi). The petitioner and 22 others appeared for an interview on 21.12.2017 and thereafter, a select list was prepared by the Selection Committee on 21.12.2017 itself. The petitioner's position in the select list was at Serial No. 1. The respondent No. 3 thereafter sent a proposal for approval for appointment of the petitioner to the vacant Grade-IV post to the respondent No. 1, vide letter dated 28.05.2018. However, the respondent No. 2 vide letter dated 06.07.2018 directed the respondent No. 3 to resubmit a proposal immediately for appointment of the respondent No. 5. In pursuance to the letter dated 06.07.2018 issued by the respondent No. 2, the respondent No. 3 submitted another proposal to the respondent No. 1 vide letter dated 01.07.2018, for approval of the respondent No. 5 for appointment to the vacant post of Grade-IV (Khalasi), even though the respondent No. 5 had secured the 2nd position in the select list. The latter proposal was approved by the respondent No. 1 and the appointment order was subsequently issued vide Office Order No. 170 dated 12.03.2019.

(3.) The petitioner's counsel submits that the appointment of the respondent No. 5 to the vacant Grade-IV post of Khalasi, in pursuance to the selection process held should be set aside, inasmuch as, the petitioner had secured the 1st position, while the respondent No. 5 had secured the 2nd position.