SHYAM SUNDAR SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant intra-Court writ appeal has been preferred by the appellant/writ petitioner for assailing the common judgment and order dtd. 24/5/2023 whereby the learned Single Judge dismissed three separate writ petitions, being, WP(C) 6236/2022, WP(C) 2959/2023 and WP(C) 6052/2022, filed by the appellant herein for assailing the appointment of the respondent No.5, Sukhendu Narayan Dhar Choudhury, in the post of LDA so as to deprive him of seniority in the gradation list on the ground that the initial appointment of the respondent No.5 was illegal.

(2.) Heard learned counsel appearing for the parties and perused the impugned judgment and the material placed on record.

(3.) Learned counsel Mr. B.K. Goswami, representing the appellant vehemently and fervently urged that the appointment of the respondent No.5 on the post of LDA, as projected to have been made by order dtd. 7/3/1994, was illegal because the very Advertisement/Notice dtd. 24/9/1993 issued by the department for making appointment on the said post was de hors the rules and thus, appointment of the respondent against the vacant post of LDA under the Executive Engineer, Silchar, F.C. Division was void ab initio and illegal. As the very appointment of the respondent No.5 was illegal, he could not have been assigned seniority in the gradation list over and above the appellant/writ petitioner. He thus implored the Court to accept the writ appeal; set aside the impugned judgment; and as a consequence, direct the respondents to terminate the respondent No.5 from services and accord appropriate seniority to the appellant/writ petitioner over and above the respondent No.5.