MD. MAZNOO HUSSAIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) HEARD Mr. S.K. Goswami, learned Counsel for the petitioners and Dr. B. Ahmed, learned Standing Counsel, Irrigation Department. Also heard Mr. J. Chutia, learned Counsel appearing for the respondent Nos.4, 5 and 6.

(2.) BY way of this petition under article 226 of the Constitution of India, petitioners seek quashing of promotion of respondent Nos. 4, 5 and 6 to the post of Assistant Executive Engineer (Mechanical) in the Irrigation Department, Government of Assam as well as the inter -se -seniority position of the petitioners vis -à -vis the respondent Nos. 4, 5 and 6. Further prayer made is to restore the seniority position of the petitioners above respondent Nos. 4, 5 and 6.

(3.) AFTER being selected by the Assam Public Service Commission (APSC), petitioners were appointed to the post of Assistant Engineer (Mechanical) in the Irrigation Department, Government of Assam on various dates in the year 1981. Respondent Nos. 4, 5 and 6, who belong to the reserved categories, were also appointed to the post of Assistant Engineer (Mechanical) in the Irrigation Department, Government of Assam much later than the petitioners on various dates in the years 1986 and 1987. The following statement as furnished by the petitioners in the writ petition will indicate the respective position of the petitioners and respondent Nos.