BAKUL CHANDRA HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R.P Sarmah, learned Sr. counsel assisted by Ms. M. Borah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Sr. Government Advocate appearing for the respondents/department.

(2.) The facts leading to the filing of this writ petition is that the Social and Welfare department, Government of Assam, had floated an advertisement for the post of LDA-cum-Typist. Although a select list was prepared pursuant to the selection process and the petitioner had been placed at Sl. No. 11 of the select list, persons below the petitioner in the select list had been appointed and the petitioner had approached this Court by filing W.P(C) No. 5688/2001. By the order dtd. 29/5/2003, this Court had held that the only conceivable way in which the wrong done to the petitioner can be remedied was by issuing appropriate direction to forthwith appoint the petitioner in the post of LDA in the office of the Child Development Project Officer (CDPO), ICDS Project, Juria, Nagaon. This Court was further of the view that if it was possible to accommodate the appointment of the petitioner against a vacant post, then the person who had been placed lower in the select list but came to be appointed need not be disturbed. Any disturbance in service of such a person placed lower only would arise only to accommodate the petitioner.

(3.) By the order dtd. 28/8/2003, the Director of Social Welfare had terminated the service of one of the persons who was situated lower in merit to accommodate the petitioner herein in the office of the Child Development Project Officer, Binakandi ICDS Nagaon. It is the case of the petitioner that by the joining report dtd. 1/9/2003, the petitioner had joined before the CDPO, Binakandi ICDS Project Nagaon.