JADAV CHANDRA DEKA Vs. GAUHATI HIGH COURT

JUDGEMENT

(1.) INVOKING power under Article 226 of the Constitution of India, the instant writ petition has been filed by the petitioner praying for a direction to the respondent authorities for passing necessary order for restoration of the seniority of the petitioner as Assistant Registrar over respondent No. 3 by giving retrospective effect from 21. 6. 2003 and to promote the petitioner as Deputy Registrar by setting aside the order of promotion dated 29. 3. 2007 issued in favour of the respondent No. 3.

(2.) THE pleadings averred in the writ petition leads to the following facts, viz. :-

(3.) IN the backdrop of the above facts, the main grievance of the petitioner is that vide Notification dated 21. 06. 2003, issued by the respondent No. 2, the respondent No. 3 was promoted to the post of Assistant Registrar (Accounts) by superseding the petitioner. Being aggrieved, the petitioner preferred a statutory Appeal dated 24. 07. 2003 before the Hon'ble Chief Justice under Rule 30 of the Rules of 1967. During the pendency of the Appeal, the petitioner was promoted to the post of Assistant Registrar on 02. 09. 2003 without giving any benefit of retrospective effect. As a result, the petitioner remained junior to the Respondent No. 3 inspite of being senior to him in service. Thereafter, vide his representations dated 23. 12. 2003, 12. 5. 2004 and 16. 5. 2005 the petitioner requested the authority concerned to place his appeal dated 24. 07. 2003 before the Hon'ble Chief Justice which was not placed before his Lordships for about three years. Again, on 3. 05. 2006 another appeal was filed by the petitioner with minor modifications of the earlier grounds. Meanwhile, vide order dated 29. 05. 06 the respondent No. 2 was pleased to communicate the petitioner that the Hon'ble Chief Justice has been pleased to reject the prayer of the petitioner for restoration of his seniority over the respondent No. 3.