MANIK DEY Vs. RAM SANKAR BHATTACHARJEE

JUDGEMENT

(1.) Ramsankar Bhattacharjee, respondent No.1 herein has challenged the final seniority list dated 28th November, 1995 of the Private Secretaries/Stenographer Grade I of the Agartala Bench of the Gauhati High Court, wherein Saradindu Bhattacharjee was shown at Serial No.1 and Manik Dey at Serial No.2, whereas the name of respondent No.1 (writ petitioner) appeared at Serial No.3.

(2.) The facts in a narrow compass may be stated as follows : Manik Dey, appellant in Writ Appeal No.180 of 2001 was appointed and joined as Stenographer Grade I on 12.6.87 at the Principal Seat at Guwahati and his service was confirmed on 27.6.1990 at Principal Seat at Guwahati. On 9.6.92 he was transferred to Agartala Bench of the Gauhati High Court as Stenographer Grade I. Saradindu Bhattacharjee, appellantin Writ Appeal No.181 of2001, was appointed on 28.7.86 as Stenographer Grade I at Agartala Bench and later on he was transferred to the Principal Seat of the Gauhati High Court at Guwahati on 2.12.86 and thereafter by order dated 2.4.90 his service was confirmed as Stenographer Grade I at Agartala Bench. Ramsankar Bhattacharjee, respondent No. 1 in writ appeals (writ petitioner) was appointed as Stenographer Grade 1 on 12.6.87 at Principal Seat of Gauhati High Court at Guwahati and he was joined his duty on 28.8.87 and thereafter he was transferred to Agartala Bench of the Gauhati High Court on 14.3.88 in a resultant vacancy that was caused on promotion of Saradindu Bhattacharjee (Senior) to post of Private Secretary. Vide order dated 13.5.91 he was confirmed in his post with effect from 28.5.90 at Principal Seat at Guwahati. Respondent No.1 took over his charge as Stenographer Grade I from Saradindu Bhattacharjee (Senior). In the order dated 21.5.92, which was issued by the Registrar of Agartala Bench of the Gauhati High Court transferring and posting the respondent No. 1 as Private Secretary, it was mentioned that the Hon'ble the Chief Justice of Gauhati High Court is pleased to adjust Shri Ramsankar Bhattacharjee, Stenographer Grade I as a member of the staff of the Agartala Bench temporarily and to appoint him temporarily and until further order against the resultant vacancy in the post of Private Secretary to the Hon'ble Judges of Agartala Bench in the scale of Rs.3,000-90-3,730-95-4,100-100-5,000 plus other allowances admissible under the rules and to post him as Private Secretary to the Hon'ble Judges, Agartala Bench with effect from the date of taking over charge from Shri Saradindu Bhattacharjee (Senior), Private Secretary, promoted. On 24.7.92 the Registrar of Agartala Bench has issued another order fixing the pay of respondent No.1 as Private Secretary to Rs.3,000- 5,000 with effect from 23.5.92, the date on which he took over charge from Sri Saradindu Bhattacharjee (Senior). At the relevant time the pay of the Stenographer Grade I was Rs.2,275-4,450.

(3.) It is the case of the respondent No. 1 that he was appointed on promotion to the post of Private Secretary at Agartala Bench and the said post being a senior post with higher scale of pay, he gained seniority over the appellants. The learned Single Judge by the impugned judgment and order dated 21.5.99 held that the respondent No.1/petitioner by virtue of his appointment to the post of Private Secretary holding higher scale of pay with effect from 21.5.92 had an edge over the appellants/respondent No.4 and 5 on the question of seniority and quashed the seniority list published on 28.11.95 with a direction to prepare a fresh seniority list showing the respondent No.1`s position above the appellants.