SHYAM SUNDAR SAHA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. K. Goswami, learned counsel appearing for the writ petitioner in WP(C) 6236/2022 and WP(C) 6052/2022 as well as Mr. N. Barman, learned counsel for the writ petitioner in WP(C) 2959/2023. Also heard Mr. R.M. Das, learned Standing Counsel, Water Resource Department, Assam, appearing for the respondent nos. 1, 2 and 3 and Mr. P. Nayak, learned Standing Counsel, Finance Department, Assam, representing the respondent no. 4. Mr. D. Chakraborty, learned counsel has appeared on behalf of the respondent no. 5.

(2.) All these three writ petitions are inter-connected wherein the writ petitioner seeks to assail the appointment of the respondent no. 5 in the post of Lower Division Assistant (LDA) so as to wipe out his seniority in the gradation list on the ground that his initial appointment was illegal. If the writ petitioner, succeeds in these writ petitions then he would rank senior in the gradation list of Senior Assistant and, therefore, would be eligible for promotion to the next higher post of Divisional Head Assistant in the Department of Water Resources.

(3.) The facts of the cases necessary for disposal of all the three writ petitions may be briefly noticed herein below.