BIRENDRA NARAYAN THAKURIA Vs. STATE OF ASSAM

JUDGEMENT

(1.) These three writ appeals have been preferred against the common Judgment & Order dated 18.01.2011. Writ Appeal No. 256 of 2011 arises from W.P.(C) No. 1897 of 2009 and W.P.(C) No. 4790 of 2009, and was filed by Sri Birendra Narayan Thakuria, who was the Writ Petitioner in the aforesaid Writ Petitions. Writ Appeal No. 39 of 2011 arises from W.P.(C) No. 3773 of 2010 and W.P.(C) No. 4137 of 2010 and was filed by Sri Pabitra Hazarika, who was respondent No. 5 in the said writ petitions. Writ Appeal No. 115 of 2011 also arises from W.P.(C) No. 3773 of 2010 and W.P.(C) No.4137 of 2010 and was filed by Ajit Kumar Baruah, who was Respondent No. 4 in the said two writ petitions. W.P.(C) No. 3773 of 2010 and W.P.(C) No. 4137 of 2010 were allowed by setting aside and quashing the recommen -dation of the Selection Committee dated 20.05.2010 so far as it relates to Ajit Kumar Baruah and Pabitra Hazarika as reserved category candidates (SC). W.P.(C) No. 1897 of 2009 and W.P.(C) No. 4790 of 2009 were dismissed.

(2.) In W.P.(C) No. 1897 of 2009, the subject matter of challenge was an Office Memorandum dated 12.03.2002. Challenge was also made to the provisional Gradation List in the cadre of Executive Engineer (Civil) dated 06.09.2008. In W.P.(C) No. 4790 of 2009, the petitioner had challenged, amongst others, the fixation of seniority of Pabitra Hazarika (Respondent No.4 therein) above him in the cadre of Executive Engineer (Civil) in the final Gradation List dated 25.05.2009 as also promotional order dated 27.10.2009 promoting the said Respondent No. 4 to the post of Superintendent Engineer.

(3.) A provisional Gradation List dated 19.05.2001 of the Assistant Executive Engineer (Civil) upto May, 2001 was published intimating that omission/ commis -sion, if any, in the said Gradation List be brought to the notice of the Department within 21 days from the date of issue of communi -cation. In the said provisional Gradation List, the name of the Writ Petitioner/Appellant appeared at Sl. No. 54 and that of the Respondent No. 4 at Sl. No. 69. Thereafter, another provisional Gradation list of Assistant Executive Engineer was published on 17.08.2002.