RATUL DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ appeal is preferred on behalf of the appellant being aggrieved with the judgment dtd. 18/6/2021, passed by the learned Single Judge in WP(C) 929/2017. In the said writ petition, the appellant had challenged the appointment of the respondent No. 4 as Contractual Peon in the office of the respondent No. 3.

(2.) The respondent No. 3, i.e. Chairman, District Legal Services Authority, Kamrup (M), published an advertisement dtd. 7/6/2016 for filling up a temporary post of Peon in the establishment of the District Legal Services Authority, Kamrup (M) District. In total 306 applications were accepted by the respondent No. 3, however, 200 candidates were called for viva voce on 22/1/2017 and the remaining were called on 23/2/2017. The appellant and the respondent No. 4 appeared in the viva voce on 22/1/2017. The result of the viva voce was declared on 24/1/2017 and the respondent No. 4 was selected and subsequently appointed.

(3.) The appellant challenged the appointment of respondent No. 4 mainly on the ground that the respondent No. 4 had never served, in any manner, as Peon or in any capacity in subordinate judicial court/office and, therefore, his appointment is vitiated, because in the advertisement itself it was provided that preference would be given to those candidates who had already worked, or working temporarily in the subordinate court/office.