ACHYUT KALITA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. BJ Ghosh, the learned counsel for the petitioner and Mr. MR Adhikari, the learned Government Advocate for the respondents.

(2.) The case of the writ petitioner in brief is that he was appointed as Grade-IV Khalasi on compassionate basis vide office order dated 21.8.2000 (Annexure-C) and since then he has been working in such capacity till date. The Directorate of Town and Country Planning, Government of Assam vide office order dated 23.2004 (Annexure-H) had also published the provisional inter-se seniority list wherein the name of the petitioner was placed at serial No. 55.

(3.) As per the Assam Directorate Establishment (Ministerial) Services Rules, 1973 (Service Rules of 1973 for short), more particularly, Rule-10 (3) provides that appointment to the post of Junior Assistant amongst others is to be made by selection on the basis of suitability with due regard to seniority from amongst the Grade-IV staff who possess Higher Secondary or equivalent examination with service rendered for not less than 5 years or from the Grade-IV staff who have passed matriculation or equivalent examination and have rendered not less than 7 years of continuous service. Below Rule-10 provides that even if the strength of the cadre in the post of Junior Assistant is less than one, even then, one post shall be filled up under Rule 10(3) as the case may be.