MINOO GOGOI Vs. JATINDRA NATH DEKA AND ORS.

JUDGEMENT

(1.) THIS appeal has been filed against the judgment and order of the learned single Judge dated 28.4.94 given in Civil Rule No. 2333 of 1992.

(2.) SMTI Minoo Gogoi, Appellant in the present appeal (respondent -5 in the writ petition), was promoted to the post of Inspector of Taxes on 30.5.92 against the quota fixed for filling up posts by promotion from Upper Division Assistant's. Civil Rule No. 1650/92 was filed in this Court by Respondent -1 J.N. Deka and this Court by its order dated 12th August, 1992 directed the Financial Commissioner to dispose of the petition filed before him. In pursuance of the order passed by this Court the Commissioner and Secretary to the Government of Assam, Finance Department disposed of the appeal filed by Sri J.N. Deka and three other petitions filed by other UDAs who were aggrieved by the order of promotion of the Appellant. It is this order passed by the Commissioner and Secretary dated 24.9.92 which has been challenged by Sri J.N. Deka by filing Civil Rule No. 2333 of 1992.

(3.) THE facts for the purpose of adjudicating the present appeal are that the Appellant -Respondent was appointed on 11.5.78 to the post of LD Assistant -cum -Typist on compassionate ground on the death of her husband and the writ Petitioner -Respondent -1 Sri J.N. Deka was appointed on 19.10.68. U is not disputed that at the relevant time both the Respondent -Appellant and the writ Petitioner -Respondent had been promoted to the post of UDA and in the gradation list the position of Appellant -Respondent was at Sl. No. 337 whereas the position of Sri J.N, Deka, writ -Petitioner -Respondent -1 was at Sl. No. 156.