HEMANTA BHATTACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) These appeals script a third bout of relentless, obdurate and animated legal tussle for seniority in the Assam Police Service (hereinafter to as the 'Service') between two classes of recruits. Their induction had been on the basis of two independent processes claimed to be drawn up under the Assam Police Service Rules, 1966 (hereafter referred to as the 'Rules') in the Junior Grade of the service. At this point of time, most of them as is submitted at the Bar, have been promoted to the Senior Grade.

(2.) The appellants in Writ Appeal No.448/2004 and 465/2004 assert to be special recruits contemplated under Section 5(1) (c) of the Rules. Leading the challenge in the rival faction is the appellant in Writ Appeal No.459/2004, a recruit under Rule 5(1)(a) of the Rules. For the sake and convenience, two classes of recruits as above are hereafter referred to as special recruits and direct recruits respectively. The challenge in principal is against the judgment and order dated 12.11.2004 passed in the corresponding writ petitions WP(C) No.7843/02, WP(C) Nos 69/2003, 298/2003, 1031/2003 and 4129/2003.

(3.) We have heard Mr. AK Bhattacharyya, Senior Advocate assisted by Mr. M. Chanda, Mr. S. Dutta and Mr. BK Singh, Advocates for the appellant in Writ Appeal No.448/2004, Mr. PK Goswami and Mr. N. Dutta, Senior Advocates assisted by Mr. D. Saikia, Advocate for the appellant in Writ Appeal No.459/2004 and Mr. DK Mishra, Senior Advocate assisted by Mr. I. Choudhury, Advocate for the appellant in Writ Appeal No.465/2004. Mr. AK Phookan, learned Advocate General, Assam assisted by Mr. BJ Talukdar and Ms B. Goyel, Advocates represented the state authorities. Mr. TC Chutia, learned Standing counsel, Assam Public Service Commission (hereafter referred to as the 'Commission') appeared on its behalf.