MANASHI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) In the two writ petitions, an order dtd. 18/8/2016 passed by the Commissioner & Secretary to the Government of Assam [GoA], General Administration Department [GAD] has been put to challenge, from two separate fronts. The challenges are made to the impugned order dtd. 18/8/2016 by - [i] the petitioner in the writ petition, W.P.[C] no. 5430/2016 on one hand; and [ii] the two petitioners in the writ petition, W.P.[C] no. 6730/2016, who are also arraigned as the respondent no. 6 and the respondent no. 7 respectively in the writ petition, W.P.[C] no. 5430/2016, on the other hand. For the sake of easy reference, the petitioner in the writ petition, W.P.[C] no. 5430/2016 is being referred to hereinafter as 'the petitioner' and the two petitioners in the writ petition, W.P.[C] no. 6730/2016 are being referred to hereinafter as 'the private respondents'.

(2.) The facts which are found necessary and relevant for determination of the issues raised in the two writ petitions can be narrated, in short, as follows :

(3.) In response to the Advertisement dtd. 27/2/2008, a number of candidates including the petitioner and the two private respondents, had submitted their candidatures. In the selection process undertaken pursuant to the Advertisement dtd. 27/2/2008, the petitioner, the private respondents and a number of other candidates whose applications were accepted, were allowed to participate. After completion of the selection process, the Deputy Commissioner, Dhemaji by two orders of appointment, both dtd. 17/6/2008, appointed the private respondents as Stenographer [Under Qualified] against the two advertised sanctioned posts of Stenographer in the scale of pay of Rs.3010.0060-3490-90-3850-EB-90-4480-120-5200-175-6075/- p.m., which was lower than advertised scale of pay of Rs.3850.0090-4480-120-4600-EB-120-5200175-6600-250-7350/- p.m.