TIKENDRA NATH GOSWAMI Vs. LAXMI NATH TAMULY

JUDGEMENT

(1.) This is yet another instance of dispute with regard to the seniority between promotees and direct recruits. This is between the members of the Assam Civil Serviced the members of which are appointed from two different sources, namely, direct recruitment and promotees. The present appeal has been filed against the JUDGMENT & ORDER passed by learned Single Judge in Civil Rule No. 1079 of 1993 on 20.3.1996 to the extent of quashing the notification dated 27.5.1992, 29.5.1992 and 1.12.1992, Annexures-XI, XII & XIII of the writ petition by which promotions were given with retrospective effect and the Order of the Government rejecting the seniority of the direct recruits. The facts unfurled from the writ petition are as follows :-

(2.) The respondents in this appeal along with others were the writ petitioners who along with 24 others were appointed on probation to Assam Civil Service (Class-I) (Junior Grade) on 20.4.1977 and 2.5.1977 on the recommendation of Assam Public Service Commission as direct recruits (Annexure-II) of the writ petition. Respondent Nos. 5 to 23 in the writ petition No. 1079 of 1993 are the appellants in this appeal who were the members of ACS (Class-II) and subsequently promoted in ACS (Class-I) in 1979 and 1980.

(3.) Prior to December, 1989 there were two services in Assam Civil Service. The first one is ACS (Class-I) Service, the members of which are regulated by the Assam Civil Service (Class-I) Rules, 1960 (here-in-after called the 1960 Rules) and the other consists of the members of ACS (Class-II) Service, the members of which were regulated by Assam Civil Service (Class-II) Rules, 1962 (here-in-after called the 1962 Rules). The present appellants who were respondent Nos. 5 to 23 in the writ petition were the members of ACS (Class-II) when the writ petitioner respondents were appointed in ACS (Class-I) in 1977. The method of recruitment of these two Services were also different. Rule 4 of Assam Civil Service (Class-I) Rules, 1960 provides for the method of recruitment which runs as follows :-