JAHIRUL ISLAM Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. A. Chamuah, the learned counsel appearing on behalf of the petitioner. Mr. G. Baishya, the learned Standing Counsel, Gauhati High Court appears on behalf of the respondent Nos. 2 and 3 and Mr. R. Mazumdar, the learned counsel appears on behalf of the private respondent Nos. 4 to 18.

(2.) The petitioner herein has approached this Court by invoking the extraordinary jurisdiction under Article 226 of the Constitution of India for quashing and/or expunging the last paragraph of his Appointment order dtd. 18/4/2016 whereby a condition was incorporated that the petitioner would maintain his inter se seniority in his original cadre, i.e., Senior Judicial Assistant (hereinafter referred to as, "SJA"). The petitioner has also sought for consequential reliefs to the effect that the petitioner be considered to the post of Assistant Registrar in the Ministerial Stream.

(3.) The facts of the present case, as would be discerned from the perusal of the pleadings before this Court, are that the petitioner was appointed as a Computer Operator on 14/8/1996. Subsequent thereto, he was promoted to the post of Lower Division Assistant (for short, "LDA") on 20/6/2007. The petitioner was further promoted to the post of Senior Administrative Assistant later on re-designated as SJA on 30/10/2013.