PRANAB KUMAR BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE petitioner is aggrieved by the notional fixation of date of his promotion to the post of District Transport Officer in the Transport Department in the State of Assam (hereafter referred to as the Department) thus inter alia rendering him junior to the Respondent No. 4 herein, denying the benefit of his officiating service in the said post with effect from 13. 06. 1989. The Judgment and Order dated 26. 05. 1999 passed by the learned Assam Administrative Tribunal, Guwahati, (hereinafter referred to as the Tribunal) in Case No. 29ata/97 to the above effect is, therefore, the subject matter of challenge.

(2.) I have heard Mr. D. P. Chaliha, Sr. Advocate for the petitioner and Mr. P. Bora, learned State Counsel, Transport Department for the Official respondents. The notice of the proceeding though accepted to be served on the non-official Respondents except the respondent No. 5, no body had responded thereto.

(3.) AN account of the facts is indispensable to appreciate the rival submissions. The petitioner, along with the private respondents, were inducted as Enforcement Inspectors in the Department by direct recruitment in the year 1970. In the select list dated 11. 03. 1970 prepared, there positions in order of merit therein were as follows:-<FRM>JUDGEMENT_429_GAULT2_2007Html1.htm</FRM>