PRANJIT KUMAR DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) This appeal is directed against the order of the learned Single Judge dated 13.6.94 passed in Misc. Case No. 406 of 1994 arising out of Civil Rule No. 1932 of 1993. The above Misc. Case was registered on a petition filed by the private respondent under Clause (3) of Article 226 of the Constitution of India for modific. on/alteration/cancellation of the stay orders passed on 16.7.93 and 17.9.93 in the main Civil Rule. By the above two interim orders the learned Single Judge detected that the 10 (ten) writ petitioner shall not to ousted from service until further orders and by order dated 17.9.93., it was directed that the above order dated 16.7.93 shall continue.

(2.) The learned Single Judge by the impugned order relying on the relevant law as well as decisions of the apex court vacated both the above two interim orders passed in the main Civil Rule and observed that the persons viz private respondent selected by the Public Service Commission shall be duly appointed in accordance with rules. The learned Single Judge also observed that the ten writ petitioners may be absorbed in the department if possible by sympathetically considering their cases as they were serving in the department for about 4 years. Against the above interim order, the present appeal has been filed.

(3.) This court on 15.6.94 after hearing the learned counsel for the parties directed the Commissioner-cum-Secretary of the Handloom and Textile Department to produce the original records and furnish informations as stated in the said order. It was also made clear that appellants would be allowed to continue in service and however State Govt. may issue appointment letters in favour of the persons who have been selected by the Assam Public Service Commission inserting a condition in the appointment letters that the appointment is subject to the decision in the present appeal. It was agreed to by the learned counsel of all the parties that instead of deciding the interim order passed by the learned Single Judge, the main Civil Rule may, be taken up by this court for final disposal. Accordingly, as per direction of this court, both the State Govt and the Public Service Commission produced the records before this court. We, accordingly proceed to decide both the Civil Rule viz Civil Rule No. 1932/93 as well as Writ Appeal No. 232/94 after hearing Mr. D.N. Choudhury for the appellants- writ petitioners, Mr. D.P. .Chaliha, Govt. Advocate and Mr. D.C. Mahanta, counsel for the private contesting respondents.