DILIP KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This intra-Court appeal is filed by the appellant challenging the judgment dtd. 2/11/2021 passed by the learned Single Judge in WP(C) No.3585/2018 whereby the writ petition filed by the appellant/writ petitioner has been dismissed.

(2.) The facts culled out from the case are that vide office order dtd. 29/1/1990, the appellant/writ petitioner was appointed as a Lower Division Assistant (LDA) in the Assam Secretariat under the provisions of Assam Public Services (Preferential Appointment) Rules, 1986 read with Rule 16 of Assam Secretariat Subordinate Services Rules, 1963 on ad hoc basis in the scale of pay of Rs.580.0020-680-EB-25-805-EB-30-1165/- per month plus other allowances as admissible for a period of 2(two) months with effect from the date of joining.

(3.) The appellant had preferred the writ petition, being WP(C) No.1756/1999 before this Court, along with 26 other employees who were also appointed on ad hoc basis along with the appellant/writ petitioner and their services were also regularized in the year 1992 along with the appellant, seeking a relief that benefit of seniority from the date of their appointment on ad hoc basis i.e. 29/1/1990 be extended to them. The said writ petition [WP(C) No.1756/1999] came to be dismissed by the learned Single Judge of this Court vide judgment dtd. 18/3/2002 while concluding that the seniority of the appellant and the similarly situated employees are to be reckoned from the date of their regular appointment i.e. with effect from 25/2/1992. The claim of the appellant and the similarly situated employees to grant them seniority from the date of their ad hoc appointment was rejected.