SHYAMALIHALDAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) In 1996 an advertisement was made for the post of LD Assistant in the office of the District Fishery Development Officer, Hailakandi,. The present respondent No.4, Smti Jahanara Mazumdar, and the appellant, Smti Shyamali Haldar, applied for appointment. Both were selected and while the respondent No.4, Smti Jahanara Mazumdar, was shown at serial No. 1, the appellant, Smti Shyamali Haldar, was shown at serial No.2 in the merit list. Both the persons were appointed temporarily. Later on in the year 1996 itself the appellant, Smti Shyamali Haldar was regularised in the post of LD Assistant although she was placed at serial No.2 in the merit list. This gave rise for the respondent No.4 to approach this Court by filing a writ petition which was registered as CR No.2088 of 1996. In the writ petition the Court passed the following order:

(2.) It is submitted by the learned counsel for the appellant that the post which was sought to be filled up is the third vacancy and as per twenty points roster of the Assam Scheduled Castes and Scheduled Tribes (Reservation of Vacancies in Services and Posts) Act, 1978, every third vacancy in all the Departments has to be filled in by a candidate from Scheduled Castes and, therefore, although the appellant was placed at serial No.2 in the merit list, her case should have been considered for regular appointment to the said post, being a Scheduled Caste candidate.

(3.) In the return filed by the respondents, it has been clarified that the instant appointment is the fourth appointment and not the third appointment to the post of LD Assistant in the office of the District Fishery Development Officer, Hailakandi. The aforesaid office was newly opened in the year, 1985 and by transferring one Shri Santosh Kumar Dey, LD Assistant, from Silchar, who was later on promoted to the post of UD Assistant, filed up the first vacancy. On such promotion, the post of LD Assistant become vacant and the same was filled up by one Smti Anjali Choudhury from OBC community. Thereafter a new post of LD Assistant has been created and one Shri Sunil Chaudra Das, Grade IV, was promoted to the said newly created post of LD Assistant. Later on the said Shri Sunil Chandra Das, LD Assistant, was promoted to the post of UD Assistant and, therefore, the present vacancy occurred. The fourth vacancy occurred is to be filled up as per the twenty points roster by a general candidate.