PRASANTA BARUA Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Y. S. Mannan, learned counsel appearing for the petitioner. Also heard Mr. S. K. Medhi, learned Central Govt. Counsel appearing for the respondent No.1 and Mr. D. Nath, learned counsel representing the respondent Nos.2, 3 and 4. Mr. S. R. Rabha, learned counsel has appeared for the respondent No.5.

(2.) Assailing the Office Memorandum dtd. 1/11/2021, by means of which, the respondent No.4 i.e. the Executive Director of the Rubber Board had disposed of the representation dtd. 26/4/2021 submitted by the respondent No.5 by restoring his seniority in the cadre of Development Officer (DO) with effect from 29/10/2014 although his promotion to the post of DO was given only on 1/7/2021, the present writ petition has been filed by the petitioner who is serving as a DO and claims seniority over the respondent No.5. This case has a checkered history. However, the facts necessary for disposal of the writ petition on merit, are briefly stated herein below.

(3.) The writ petitioner herein was initially appointed as a Junior Field Officer (JFO) under the Rubber Board of India i.e. the respondent No.2 on 15/2/1989. Thereafter, he was promoted to the post of Field Officer (FO) on 16/4/1996. On 2/6/2006 the writ petitioner was promoted to the post of Assistant Development Officer (ADO). Finally, he was promoted to the post of Development Officer (DO) on 6/5/2021 in which post he is presently serving.