UTPAL CHANDRA DAS Vs. SATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. M. Nath, learned counsel for the petitioners. Also heard Ms. R.Deka, learned Standing Counsel, PWD,Assam.

(2.) THIS writ petition is directed against the order dated 27.03.2009 issued by the respondent no.3 cancelling the writ petitioners' appointment/up-gradation to the post of Section Assistant vide order dated 09.01.2006 .

(3.) TWO writ petitions being W.P.(C)No.2647/06 and W.P(C)No.5332/05 were filed with the grievance that five persons were illegally upgraded to the post of Section Assistant without considering the cases of the said writ petitioners. However, the said five persons were not made parties in the said two writ petitions. On the basis of materials on record, this court, in its judgment and order dated 27.01.2009, recorded a prima facie finding that the up-gradation/promotion/appointment of those five persons were made illegally. Taking note of the fact that the said five persons were not made party-respondents, this court did not set aside and quash their orders of appointment/up-gradation and directed the respondents to pass appropriate orders consistent with the observations made in the said judgment after providing adequate opportunities to the five incumbents.