KISHOOR KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Since issues in Writ Appeal No. 305/2009 and W.P.(C) No. 3821/2011 are related and parties being the same, both the cases were heard together and are being disposed of by this common judgment and order. We have heard learned Counsel for the parties and also perused the materials on record.

(2.) Respondents 7 to 11 as the writ petitioners had filed W.P.(C) No. 1616/2009 before this Hon'ble Court wherein respondents 3 to 6 were arrayed as respondents of even number while appellant was arrayed as respondent No. 7. The challenge made in the writ petition was to the legality and validity of order dated 25.03.2009 passed by the Commissioner, Gauhati Municipal Corporation (GMC) as well as the final gradation list of Assistant Engineers serving in GMC of even date. During the pendency of the writ petition, respondent No. 7 (appellant herein) was promoted as Assistant Executive Engineer (Mechanical) vide order dated 26.05.2009 issued by the Commissioner, GMC based on a separate gradation list of Assistant Engineers (Mechanical). The above promotion as well as the separate gradation list were also put to challenge by the writ petitioners by filing an interim application.

(3.) By the order dated 25.03.2009, Commissioner, GMC directed that services of all Assistant Engineers serving in GMC stood regularized w.e.f. the dates of their initial appointment/promotion to the said post and that their seniority would be counted from the dates of their initial appointment/promotion to the post of Assistant Engineer. Accordingly, final gradation list of Assistant Engineers of GMC was prepared and published. However, a separate gradation list was prepared for the Mechanical Wing as per Government direction dated 10.08.2004.