ABU FATEH AHMED Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.K. Goswami, learned counsel for the petitioners and Dr. B Ahmed, learned Standing Counsel, Irrigation Department, Assam for respondent Nos. 1, 2 & 3. Also heard Mr. B Banerjee, learned counsel appearing for respondent Nos. 4 to 17 and Mr. J Roy, learned counsel for respondent Nos. 18 to 20.

(2.) By way of this petition under Article 226 of the Constitution of India, petitioners seek quashing of seniority assigned to respondent Nos. 4 to 17 in the rank of Assistant Engineer (Mechanical) in the Irrigation Department, Govt. of Assam above the petitioners. Petitioners further seek a direction to the respondents to restore their seniority above the respondent Nos. 4 to 17.

(3.) Challenge made in this writ petition is to the notification dated 13.05.2013, issued by the Secretary to the Govt. of Assam, Irrigation Department, whereby respondent Nos. 4 to 17 have been placed at Sl. Nos.5 to 18 in the inter -se seniority list of Assistant Engineer (Mechanical) above the petitioners at Sl. Nos. 19 & 20. According to the petitioners, respondent Nos. 4 to 17 were serving as Assistant Engineers in the Assam State Minor Irrigation Development Corporation (ASMIDC), which, for various reasons, became defunct. Following signing of Memorandum of Understanding (MoU), State Govt. issued notification dated 13.05.2005 absorbing 262 numbers of employees of ASMIDC in the Irrigation Department in equivalent cadres on condition that their seniority would be fixed below the incumbents in the respective cadres of the Irrigation Department. It is the contention of the petitioners that in violation of such condition, respondent Nos. 4 to 17 have been wrongly assigned higher seniority above the petitioners. Hence the writ petition.