RABINDRA NATH BARMAN Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) In this writ petition preferred by the writ petitioner under Article 226 of the Constitution of India, the writ petitioner has highlighted his grievances regarding non-fixation of his seniority position as well as non-fixation of his inter se seniority position in the cadre of Deputy Registrar for a period of about twenty-twenty two years till about his retirement from service on reaching the age of superannuation. The petitioner's condition of service used to be regulated by the Gauhati High Court Services [Appointment, Conditions of Service and Conduct] Rules, 1967. The petitioner joined service on 8/9/1990 and his date of retirement from service on reaching the age of superannuation of 60 years is 30/9/2024. In this writ petition, the petitioner highlighted about his service of more than twenty-twenty two years in the post/cadre of Deputy Registrar from 12/8/2002 to 30/9/2024 and his stagnation therein whereas there were a nos. of promotions from the post/cadre of Deputy Registrar to the next higher posts/cadres of officers whose inter se seniority positions, according to the petitioner, ought to have been below him, as they were juniors to the petitioner in service.

(2.) To the writ petition, an affidavit-in-opposition has been filed on behalf of the sole respondent traversing the contentions made in the writ petition. The background facts, which have emerged from the pleadings in the writ petition and the affidavitin-opposition, are exposited in the following paragraphs.

(3.) It was after the Letter dtd. 22/11/2022 of the Registrar [Establishment], Gauhati High Court, the petitioner had approached this Court by the present writ petition invoking the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India seeking the following reliefs :-