MD. SORHAB ALI Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the Annexure -22 order dated 098/08/2011 by which the draft seniority list was made final upon rejection of the objections filed against the draft seniority list. For a ready reference, the order dated 09/08/2011 is quoted below : -

(2.) ALONG with the said final gradation list, the names of the senior Grade Officers had been published and in the list, the name of the petitioner appeared at Sl. No. 9 below the private respondents except the respondent No. 9. Prior to that a draft gradation list was published on 2.5.2009, the petitioner was shown at Sl. No. 6, above the private respondents except Adowar Hussain, who was placed at Sl. No. 3. Further the draft gradation list dated 23.2.2011 was published placing the petitioner at Sl. No. 9, below the private respondents except Shri M. Daimari. Objections were called for to which the petitioner submitted his Annexure -19 objection dated 4.3.2011. In the said objection, detailing the facts it was stated that he had enjoyed promotion with higher pay scale much before his juniors and accordingly he could not have been made junior to the private respondents. However, the manner and method in which the objection was dealt with has been noted above. The impugned order dated 9.8.2011 is cryptic and devoid of any reason.

(3.) ACCORDING to the petitioner, the date of joining the Corporation is insignificant having regard to the fact that the petitioner was initially appointed was regularised w.e.f. 1.1.1979 and he was also granted pay scale of LDA. Thereafter, he was promoted as UDA vide order dated 30.1.1986 and was provided with the UDA pay scale of Rs. 675 ­ 1100/ - w.e.f. 1.2.1986. On the other hand, the private respondent Nos. 4 to 8 have been appointed temporarily in 1998 for collecting tax vide Memo dated 2.5.1978 as Tax Collector in pay scale of Rs. 260/ - - Rs. 425/ -. Later on they were promoted as Assistant Tax Inspector in the scale of Rs. 525 -920/ -. Respondents No. 6 to 8 were promoted to that scale w.e.f. 1.2.1986 and respondents No. 4 and 53 promoted to the said rank w.e.f. 11.4.1988 and respondent No. 7 w.e.f. 26.1.1985.