KANAKESWAR GOSWAMI Vs. BRAHMAPUTRA BOARD

JUDGEMENT

(1.) The petitioner herein is a Lower Division Clerk, seeking fixation of his due seniority with Respondent Brahmaputra Board. He started his career as Work-charge Sectional Assistant, way back in 1978 and was eventually to officiate as Lower Division Assistant-Cum-Typist on 13.8.82 under the Board as per Annexure-1. he joined the post on being released from his parent office, Sub-Divisional Officer, Dibang Investigation Sub- Division No. 4, Pasighat. The order of release dated 16.8.82 has been filed as Annexure-2.

(2.) A provisional inter-se seniority list of Lower Division Clerk was published and circulated by the Board on 6th January, 1989 which did not contain the petitioner's name. He, therefore, represented to the Board vide his representation Annexure-9. By office order dt. 19th May, 1989, Annexure-10, petitioner's services with the Board were regularised along with many others. He was placed at SI. No. 16 in the said office order. The date of regularisation of his service as shown in Annexure-10 is 16.8.82, subject of course to the condition that his resignation with effect from the date of jointing as L.D.C. under the Board was accepted by the parent department. The petitioner complied with this requirement vide Annexure-11, the letter of resignation and Annexure-12, its acceptance duly endorsed to the respondent Board as well.

(3.) The respondent Board on 27th July, 1989 published the inter-se seniority of the Lower Division Clerks, as per Annexure-13. The petitioner is shown in this list at SI. No. 47.