RANDHIR NATM Vs. STATE OF ASSAM

JUDGEMENT

(1.) A writ petition was filed by three petitioners, who were practising Advocates and appointed temporarily as Additional District and Sessions Judge in Grade-I of the Assam Judicial Service, seeking the relief of quashing the Notification, whereby the High Court was requested to take necessary action so that the services of District and Sessions Judges appointed be placed at the disposal of the Government for appointment as the Member of the Illegal Migrants (Determination) Tribunals. It is further claimed by the petitioners that they be declared as the Members of the Cadre Grade- I of the Assam Judicial Service and consequent thereof to confirm them in the Cadre, fix their inter-se-seniority in the Cadre of Grade-I of Assam Judicial Service and withdraw them from deputation from the Political Department and to absorb in Grade-I of Assam Judicial Service by posting them as District Judges.

(2.) The brief facts necessary for adjudicating the questions involved in the appeal are that a Notification was issued on 4.2.84 inviting applications from practising Advocates for appointment to some temporary posts of Additional District & Sessions Judge in Grade-I of the Assam Judicial Service. One of the conditions of the advertisement was that the candidates if and when appointed may have to work as Members of Illegal Migrants (Determination) Tribunals. The advertisement further stated that the posts are purely temporary and may be terminated at any time with one month's notice. The petitioners were called for interview and after written test they were selected. Thereafter, the petitioners were appointed as Additional District Judges, Grade-I of the Assam Judicial Service vide Notification dated 21.7.1987, which was duly published in the Assam Gazette. The Notification reads as under:

(3.) It is the case of the respondents that petitioners have never been appointed in the cadre post of the Additional District Judge of the Assam Judicial Service and they have been appointed in the post to be filled in as Members of the Illegal Migrants (Determination) Tribunals. To support the case, the Registry of the High Court has placed relevant record before the learned Single Judge, which is extensively quoted the steps taken by the High Court and the orders issued from time to time, in the judgment of the learned Single Judge. On 2.3.87 the Registrar (Judicial) of the Gauhati High Court put up the following note.