SHYAMAL SAIKIA Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) The petitioner in this writ petition invokes extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with a prayer to issue appropriate writ particularly the one, i.e., the writ of mandamus, declaring that the petitioner is entitled to promotion to the post of Upper Division Assistant with effect from 1.9.1989, when his immediate junior was so promoted and to assign his seniority position in the grade of Upper Division Assistant in the Gauhati High Court accordingly. The petitioner also prays for an appropriate consequential direction directing the 1st Respondent to give retrospective effect to the promotion of the petitioner to the post of Upper Division Assistant on and from 1.9.1989 and to grant him all consequential benefits including assignment of the seniority position of the petitioner in the grade of Upper Division Assistants at Sl. No. 32 in the Gradation List.

(2.) We have heard Shri N. Dutta, learned Senior Counsel appearing on behalf of the writ petitioner and Shri BC Das, learned Standing Counsel, appearing for the Gauhati High Court. None appears on behalf of the Respondents 5 to 30.

(3.) In Order to consider as to what relief can be granted to the writ petitioner in this writ petition, a few relevant facts have to be noticed: The petitioner was initially appointed as Record Arranger in the Gauhati High Court and subsequently promoted and appointed to the post of Library Attendant (now redesignated as Library Assistant) on 14.7.1981 with effect from 11.7.1981. It may not be necessary to notice in detail the subsequent revision in the pay-scales of Lower Division Assistants elsewhere as well as for the purpose of the present case.