NANDESWAR SARMAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Both the writ petitions having raised common and connected questions of law were heard together and are being disposed of by this common judgment and order.

(2.) In WP(C) No. 4108/99, the writ petitioner who is a Research Officer in the Directorate of Higher Education, Govt. of Assam, has challenged the Govt. notification dated 30.10.90 by which, in exercise of power under Rule 3(2)(ii) of the Assam Education Service Rules, 1982 (hereinafter referred to as the Rules), the post of Assistant Research Officer has been made a cadre post in service under Rule 11 (g) of the Rules with effect from the date of creation of the posts. The somewhat belated approach to this Court has been sought to be explained by the writ petitioner by taking the stand that though the notification was issued on 30.10.90, the same was not acted upon and the approach to this Court has been made by the writ petition at the stage when he apprehended certain actions adverse to his interest on the basis of the aforesaid notification dated 30.10.90.

(3.) In the connected writ petition i.e. WP(C) No. 7630/03, the challenge is with regard to the promotion of the respondent No. 5, Shri Kamaleswar Roy to the post of Assistant Director made under Regulation 4(d) of the Assam Public Service Commission (Limitation of Functions) Regulation, 1951. The aforesaid promotion has been made by an order-dated 20.8.2003.