STATE OF ASSAM Vs. PUSHPANJALI BARMAN

JUDGEMENT

(1.) THE respondent No. 1 /Writ petitioner Smt. Puspanjali Barman has been appointed as Supervisor in the office of the Child Development Project Officer, Sipajhar I.C.D.S. Project by order dated 6th January, 1999. From the Annexures - ''A '', ''B '' and ''C '' which have been filed along with the writ petition clearly indicates that the post was advertised, the respondent/writ petitioner was permitted to appear in the written test and thereafter permitted to appear in the interview. As a consequence thereof the appointment order was issued to her. It is alleged in the petition that when she went to join her duties on 18 -1 -99 along with the appointment order the respondent No.4 did not permit her to join her duties, as according to him he had not received any instruction or letter regarding her appointment. The respondent No.4 asked the respondent/writ petitioner to visit after some days so that in the meantime he could obtain confirmation of her appointment. Later on when she again went for joining her duties in accordance with the appointment letter in the first week of February, 1999 the respondent No.4 took up the plea that in terms of the letter of appointment she was to join within 15 days from the date of receipt of the order but as she failed to do so she has lost her right to be given appointment and posting and thus the appointment order issued in favour of the respondent/writ petitioner was not given effect to. As the respondent/writ petition was not given appointment she approached the High Court by filing the writ petition which has been registered as WP(C) No.4765/99. The proceedings of the case were taken up and first has been recorded by the learned Single Judge in paragraph 5 of the judgment and order dated 13 -10 -99 wherein it is stated :

(2.) AT the time of admission of the appeal on 13 -12 -99 this Court observed :