PRATIBHA PUJARI Vs. STATE OF ASSAM

JUDGEMENT

(1.) The appellant as the writ petitioner instituted WP(C) 4512/2010 and WP(C) 3947/2012 challenging the Gradation Lists of Typist (Ordinary Grade) as on May 2006 and as on November 2011 under the establishment of the Assam Secretariat Administration Department. The writ petitions having been dismissed by common Order dated 21.11.2013, hence the present appeal.

(2.) We have heard Mr. B. Gogoi, learned counsel for the appellant as well as Mr. B.N. Sarma, learned Senior Government Advocate, State of Assam, representing the respondents.

(3.) Facts to be noticed are that on 10.2.92 the appellant was engaged as Typist on daily wage basis for a period of 2 (two) months, commencing from 10.02.1992 to 31.03.92. The order of engagement was issued by the Department of Personnel, Secretariat Administration (Estt.). In the same year the Office Order dated 30.04.1992 was issued regularising the services of the petitioner with consequential appointment as a Typist in the Assam Secretariat by relaxing Rule 10(1) of the Assam Secretariat Subordinate Service Rules, 1963 (hereinafter referred as the Service Rules of 1963) in exercise of powers under Rule 29 thereof. In the year 2006 the respondent authority published the Final Gradation List of Typist (Ordinary Grade) with the name of the appellant finding place at Serial No. 177. Appellant claimed that her name ought to have been placed at serial No. 8 and to that effect made a Representation after about 3(three) years i.e. on 18.05.2009 before the Commissioner and Secretary to the Govt. of Assam, Secretariat Administration (Estt.) for refixation of her seniority at Serial No. 8 of the 2006 Gradation List. The said representation having been rejected constrained the appellant to institute WP(C) 2855/2009. This Court by Order dated 20.07.2009 disposed of the said writ petition with direction to the Commissioner and Secretary, Secretariat Administration (Estt.) Department to consider and dispose of the Representation dated 18.05.2009 on merit. The follow-up of the direction of this Court culminated in the Office Order dated 19.09.2009, thereby rejecting the fresh representation made by the appellant on 27.07.2009 pursuant to the Court's Order dated 20.07.2009. Aggrieved, the appellant instituted the second writ petition i.e. WP(C) 4512/2010. During the pendency of the said writ petition, the respondent authority issued another Provisional Gradation List of Typists (Ordinary Grade) as on November, 2011 showing the name of the appellant at Serial No. 27. Again aggrieved, the appellant instituted the third writ petition i.e. WP(C) 3947/2012. Both the second and the third writ petition were heard and dismissed by the judgment and order under appeal dated 21.11.2013.