DHIREN DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. N. Choudhury, the learned Senior counsel assisted by Mr. R. M. Deka, the learned counsel appearing on behalf of the petitioner and Mr. U. K. Nair, the learned Senior counsel assisted by Ms. S. Sharma, the learned counsel appearing on behalf of the respondent Nos. 2 and 3. I have also heard Mr. A. Chetry, the learned counsel appearing on behalf of the respondent No. 4.

(2.) This is an application filed under Article 226 of the Constitution of India challenging the minutes of the meeting of the Selection Board dtd. 8/2/2021 whereby the respondent No.4 was recommended for promotion and appointment in the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur; for cancellation of the said minutes of the meeting of the Selection Board dt. 8/2/2021; for setting aside the order dtd. 10/2/2021 issued by the District and Sessions Judge, Lakhimpur at North Lakhimpur thereby promoting and appointing the respondent No.4 in the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur and for cancellation of the same; for setting aside the rejection of the candidature of the petitioner for the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur by the Selection Board in its meeting dtd. 8/2/2021; for setting aside the gradation list dtd. 6/4/2022 so far as the Seniority position assigned to the petitioner vis--vis the respondent No.4; for a direction to the respondents to forthwith promote the petitioner to the post of Head Assistant in the Office of District and Sessions Judge, Lakhimpur at North Lakhimpur with effect from 10/2/2021 and a direction to the respondents to prepare a fresh Gradation List by placing the petitioner at Serial No.1 by considering his seniority.

(3.) The facts of the instant case as could be seen from a perusal of the writ petition is that the petitioner pursuant to a selection process vide an order No.41 dtd. 10/12/2004 issued by the District and Sessions Judge, Lakhimpur was appointed as Civil Assistant in the Munsiff-cum-Judicial Magistrate Court at Dhakuakhana against a sanctioned post. Pursuant thereto, the petitioner had joined in service as Civil Assistant/Lower Division Assistant on 14/12/2004. The petitioner thereupon was promoted to the grade of Upper Divisional Assistant vide order No.155 dtd. 23/12/2013. Subsequent thereto, the petitioner was further promoted to the post of Sheristadar in the Office of the Munsiff, Dha--kuakhana vide order No.37 dtd. 6/3/2017. It is relevant to take note of that at present the petitioner is serving as Sheristadar in the Office of the Munsiff, Dhakuakhana. It has been further stated that in the Gradation Lists of the Grade-III and Grade-IV employees serving in the Establishment of the District and Sessions Judge, Lakhimpur prepared by the concerned respondents for the years 2019 and 2020, the name of the petitioner appeared at Serial No.1 as the petitioner was the senior most incumbent serving in the cadre of Sheristadar.