ANIL KUMAR JALAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. MK Choudhury, the learned senior counsel for the petitioner assisted by Mr. A Hassan for the petitioners. Also heard Mr. R Dubey, the learned Standing Counsel for the Finance Department. Mr. DK Das, the learned counsel appears for the private respondent Nos.5 to 9 and Mr. UK Nair the learned senior counsel appears for respondent Nos. 9 and 10.

(2.) The case of the writ petitioners in brief is that they joined as Superintendent of Taxes on being appointed to the post vide order dated 13.08.1993 (Annexure-A). By the same order, respondent No.5, 7 and 8 were also appointed. The next promotional post from Superintendent of Taxes is to the post of Assistant Commissioner of Taxes. The private respondents though junior to the petitioners were promoted to the post of Assistant Commissioner of Taxes. The respondent Nos. 9, 10, 5 and 6 were promoted on 01.01.2009 (Annexure-B), the respondent No.7 on 15.11.2010 (Annexure-C) and the respondent No.8 on 05.05.2011 (Annexure-D).

(3.) The respondent authorities vide notification under Memo No.FTX.106/99/199 dated 17.03.2011 published a provisional gradation list of Assistant Commissioner of Taxes for the year 2010 inviting objections if any, to be submitted within a period of 15 days. Thereafter upon not receiving objections, the provisional gradation list was finalised and published vide Notification dated 10.05.2011 (Annexure-E) wherein, the names of most of the private respondents were shown above the 1992 batch of Assistant Commissioners except the respondent No.7.