NEPUR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. M.P. Sharma, learned counsel appearing for the writ petitioner. Also heard Mr. C.K.S. Baruah, learned Government Advocate, Assam, appearing for the respondent nos. 1 and 2. None has appeared for the respondent no. 3.

(2.) By filing this writ petition, the speaking order dtd. 09/09/2010 passed by the Director General of Civil Defence and Commandant General of Home Guard i.e. the respondent no.2 has been put under challenge inter alia contending that the impugned order has been issued without proper authority and jurisdiction and the same is also in clear contravention of the relevant Service Rules. By the impugned order, the respondent no. 3 has been absorbed in the cadre and has also been given consequential seniority over the petitioner.

(3.) The facts of the case, in a nutshell, as appearing from the materials on record are as follows :-