MAKABBIR ALI LASKAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. K. Paul, learned counsel for the petitioner. The respondent Nos.1 4 are represented by Mr. Y.S. Mannan, learned standing counsel for the PWD (Building) and Mr. U.K. Nair, learned counsel appears for the private respondent No.5.

(2.) This is a seniority dispute between the petitioner and the respondent No.5 in the cadre of LDA and by now the two litigants have superannuated from service. The petitioner and the respondent No.5 joined the Silchar Building Division of the PWD in May, 1973 but the petitioner's joining date was 18.5.1973, whereas the respondent No.5 Smti Sunanda Paul (Dev) joined a day later i.e. on 19.5.1973. The respondent No.5 was promoted to the cadre of UDA on 26.8.1981 and although the petitioner claims to be senior to her in the feeder cadre by virtue of his joining date, he never challenged the promotion order of his purported junior, at the relevant time.

(3.) Eventually after six years, the petitioner himself was promoted to the cadre of UDA on 13.11.1987 and six years thereafter, he filed the WP(C) No.6825/2003 for pre-dating his promotion w.e.f. 26.8.1981, when the respondent No.5 was promoted.