SOLEMAN ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. J.I. Borbhuiya, learned counsel for the petitioner. Also heard Ms. D. Borah, learned standing counsel for the Health Department, appearing for respondent no. 1 to 6 in both the writ petitions, Mr. A. Hasan, learned standing counsel for the Accountant General, appearing for respondent no. 8 in WP(C) 3136/2020 and Mr. A. Chaliha, learned standing counsel for Finance Department appearing for respondent no. 9 in W(C) 3136/2020. There is no representation from the APSC, respondent no.7 in WP(C) 3136/2020.

(2.) As both the writ petitions are interconnected and filed by the same petitioner, both the writ petitions are tagged together and have been taken up together for hearing at the admission stage.

(3.) The case of the petitioner is that he was appointed as a Lecturer in SJN Homeopathic Medical College and Hospital, Guwahati and on 3/4/2013, he was promoted to the post of Reader where he had joined on 4/4/2013. The petitioner projects that despite promotion granted to him, he was not given the pay benefit for the higher promotional post to which he had joined on 4/4/2013. It appears from the pleadings made in the writ petition that on being deprived of appointment, the petitioner had approached this Court on a previous occasion by filing the writ petition which was numbered as WP(C) 133/2010 and in the said writ petition, it was ordered that for the purpose of service, the seniority of the petitioner would be counted w.e.f. 10/5/2007 for notional purposes of seniority and pension and not for claiming salary.