S JAYCHAND SINGH Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) We have heard Shri H. K. Mahanta, learned Amicus Curiae, Shri B. C. Das, learned Standing Counsel, Gauhati High Court and Shri U.K. Nair, learned counsel for the 2nd Respondent.

(2.) The petitioner in the instant writ petition prays for an appropriate direction quashing the impugned Notification/Seniority List of Stenographers Grade-I/Pri- vate Secretaries of the Gauhati High Court, Imphal Bench, issued by the Registrar vide order dated 3.8.1998 (Annexure-A/3). The petitioner also prays for issuance of consequential direction directing the 1st Respondent to re-fix the seniority of the Stenographer Grade-I/Private Secretaries by duly placing the writ petitioner above the 2nd respondent and further to give all service benefits including promotion to the higher post, which has been denied to the petitioner.

(3.) In order to consider whether the petitioner is entitled to grant of any relief, a few relevant facts are required to be noticed : The petitioner together with the 2nd Respondent were appointed as Grade-II Stenographer in the Gauhati High Court, Imphal Bench vide the proceedings dated 24.7.1992. That in the said appointment order, the name of the 2nd Respondent is shown above the writ petitioner even at the time of initial appointment as Stenographer Grade-II. That thereafter, the High Court on 4.6.1994 conducted a test for appointment in the 3 (three) vacant posts of Stenographer at the Imphal Bench. Three Stenographers Grade-II including the petitioner and the 2nd Respondent and one H. Ranjit Singh appeared in the test in which both the petitioner and the 2nd Respondent were found qualified and suitable for the pur- pose of appointment as Stenographer Grade-I. However, Shri H. Ranjit Singh was not found qualified in the test. Thereafter, the High Court vide its Notification dated 19.7.1994 promoted and appointed temporarily the petitioner herein as Stenographer Grade-I from that of the post of Stenographer Grade-II with effect from the date of joining in the post sanctioned. He was put on probation for a period of one year unless otherwise ordered. By the same proceeding the 2nd Respondent herein was also promoted and appointed temporarily as Stenographer Grade-I from that of the post of Stenographer Grade-II. No doubti in the said proceeding the name of the petitioner was mentioned in the first paragraph followed by that of the 2nd Respondent. Thereafter, by Notification dated 3.8.1998 perhaps with a view to avoid the controversy in the future, the said proceeding was duly modified determining the seniority of the Stenographers-Grade-I/ Private Secretaries as follows : 1. Shri Ph. Japan Singh-19.7.1994 2. Shri S. Joychand Singh-19.7.1994.