NIROD SARMA Vs. SAFIQUR RAHMAN

JUDGEMENT

(1.) Heard Mr. K.K. Mahanta, learned Senior Counsel for the appellant in WA No. 5 of 2023 and Mr. H.K. Das, learned counsel for the Gauhati High Court (Appellant in WA No. 71 of 2023). Also heard Mr. K.N. Choudhury, learned Senior Counsel assisted by Mr. J. Patowary, learned counsel for the private respondents/writ petitioners. The placement of the parties in the Cause Title in WA No. 5 of 2023 is being applied while disposing of the above two appeals.

(2.) The two appeals have been made against the common Judgment and Order dtd. 5/1/2023 passed by the learned Single Judge in WP(C) No. 1376/2019 and WP(C) No. 3845/2021 wherein, it has held that the appointment of the appellant as Secretary to the Hon'ble Chief Justice, Gauhati High Court on officiating basis and the subsequent order regularizing his service was unsustainable in law.

(3.) The appellant's case is that the appellant, who was holding the post of Senior Judicial Assistant, had been appointed to the post of Protocol Officer vide Notification dtd. 25/11/2016, on the basis of a selection process that had been preceded by an option for being considered for the said post in terms of Notice dtd. 2/9/2016. The appellant, amongst others, had applied for the said post by giving his option for consideration for the post and in the selection process, he was selected and consequently appointed temporarily to the said post. However, the appointment order of the appellant as Protocol Officer contained a condition to the effect that the seniority of the appellant shall be maintained in the grade of Senior Judicial Assistant and his further promotion was to be considered on that basis.