FOWZIA FARMIN Vs. NOOR HASHINA BEGUM

JUDGEMENT

(1.) Heard Mr. B. Gogoi, the learned Counsel appearing for the appellant. Also heard Mr. I. Choudhury, the learned Counsel appearing for the respondent No.1 (writ petitioner). The learned Advocate Mr. B. Sarma appears for the Assam Tourism Development Corporation (ATDC) and their officers. The State is a formal party and they are represented by Mr. R.K. Bora, the learned Government Advocate.

(2.) This is a seniority dispute between the appellant (6th respondent) and the writ petitioner, Noor Hashina Begum who are at present serving in the rank of Sr. Manager in the ATDC. The Corporation has not framed any Service Rules but they do follow the Assam Tourism Service Rules, 1992 (hereinafter referred to as "the 1992 Rules"). The post of Tourist Information Officer is a cadre post under the 1992 Rules and the writ petitioner was appointed to the cadre post of Tourist Information Officer on 27.1.1992. The appellant was appointed as an Asst. Liaison Officer on 17.12.1991 but this was not a cadre post under the 1992 Rules. On 27.1.1992, the post of Asst. Liaison Officer was upgraded and the office order reflects that the upgradation of the appellant to that of Liaison Officer was given retrospective effect from the date of her joining as an Asst. Liaison Officer i.e 18.12.1991. The Pay Scale of the Liaison Officer and the Tourist Information Officer was the same which the two litigants received w.e.f. 27.1.1992 and both were then given the revised Pay Scale w.e.f. 21.6.2005.

(3.) When the parties were serving in the cadre of Sr. Manager, a provisional Gradation List of the three Sr. Managers of the ATDC was notified on 30.7.2011 (Annexure -F) where the appellant was placed in the 1st position and the writ petitioner in the 3rd position and objections were invited to this provisional Gradation List. Since the representation of the writ petitioner against the provisional Gradation List was not being considered, earlier she filed the WP(C) No.2940/2013 which was disposed of on 5.8.2013 (Annexure -H). The learned Single Judge observed that the 6th respondent Fowjia Farmen (appellant herein) was upgraded from the post of Asst. Liaison Officer to the post of Liaison Officer with retrospective effect and therefore her claim for placement in the higher seniority position, should be considered and inter se seniority in the rank of Sr. Manager, should be re -determined by the ATDC.