UTPAL DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. Rukmini Barua, learned counsel for the petitioner. Also heard Mr. J K Goswami, learned Additional Senior Government Advocate for the respondents.

(2.) By filing the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks modification of the gradation list of grade-III employees of the amalgamated establishment of the District Commissioner, Kamrup by placing his name between serial numbers 41 and 42 instead of serial number 114, by granting him notional seniority and consequential notional promotion on the basis of his merit position in the selection process conducted pursuant to the advertisement dtd. 7/9/2007.

(3.) The advertisement dtd. 7/9/2007 was issued for filling up of 20 posts of Junior Assistants including the posts under General category. The petitioner participated in the said selection process and secured serial no. 4 in the merit list under General category. During the selection process, this Court in Misc. Case No. 2166/2008 arising out of WP(C) No. 5566/2007 by interim order permitted the respondents to proceed with the appointment process with certain posts to be kept vacant pending adjudication of the matter. In consequence thereof, while three candidates under General category were appointed, the post against which the petitioner was otherwise eligible, remained vacant. Subsequently, WP(C) No. 5566/2007 was dismissed for nonprosecution on 24/6/2014.