NABIN CH BORDOLOI Vs. STATE OF ASSAM

JUDGEMENT

(1.) As common question arises out of similar facts, these appeals are heard together and decided by a common judgment.

(2.) The facts in brief are that the appellants, viz. Nabin Chandra Bordoloi and Suraj Ali Laskar (whose heirs are brought on record since he expired during the pendency of the proceeding) were appointed on 5.5.1984 under Regulation 3(f) of the Assam Public Service (Limitation of Function) Regulation, 1951 (for short "the Regulation 1951") to the post of District Elementary Education Officers (DEEO) and they joined duties on 22nd May, 1984. Later on the Government issued an order dated 20.12.89 regularising their services with retrospective effect from 16.1.1987.

(3.) On 13.7.1988 the Assam Public Service Commission has conducted a selection process for appointment on the post of DEEO respondent Nos. 3 to 10 were selected and were appointed in the post by order dated 13.7.1988, whereas the appellants also participated in the same selection process but could not clear it. On 20.4.1992 the State Government has published a provisional gradation list of District Elementary Education Officers, wherein the appellants were shown juniors to respondent Nos. 3 to 10 taking their dates of appointment and the period of service from the date of the order of regularisation i.e. 20th December, 1989 and not from the date the appointment order was given effect to i.e. 16.1.87. The appellants submitted representations unsuccessfully. Ultimately the Government has issued a final seniority list of DEEO on 22.7.97, where the appellants were shown as juniors to respondent Nos. 3 to 10. Aggrieved by the position assigned to them the appellants have filed two writ petitions (viz. Civil Rule No. 336./98 by Nabin Ch. Bordoloi and Civil Rule No. 337/98 by Suraj AH Laskar). Respondent No. 3 and 5 also filed a writ petition in the High Court challenging the retrospective regularisation of the appellants, which was registered as WP(C) No. 5342/99 (HK Sarma & Anr. Vs State of Assam & Ors.).