HARE KRISHNA DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE final gradation list (Annexure-V to the writ petition) published on 19. 12. 1998 by Director General (Civil Defence) has been challenged by the writ petitioners by this instant writ petition under Article 226 of the Constitution whereby they are made junior to private respondent Nos. 4,5 and 6 despite their appointment prior to the date of appointment of the private respondents.

(2.) THE case of the respective writ petitioners briefly stated is as under : petitioner No. 1 was engaged as deployed Wireless Operator of the Civil Defence with effect from 2. 5. 1982 on daily wage basis till 13. 2. 1987. Thereafter he was appointed as Civil Defence Wireless Operator by order dated 13. 2. 1987. He had under gone training and after completion of such training he was allowed to draw the scale at Rs. 470/- to Rs. 800/- per month. By order dated 1. 3. 2005 he was promoted as Asstt. Dy. Controller (Jr.) by Senior Staff Officer (Civil Defence) in the scale of pay of Rs. 3,580/- to Rs. 8,100/- per month plus other allowances and posted at Panikhaiti, Guwahati vice Sri Jaleswar Deka, Assistant Deputy Controller (Jr.) [for short A. D. C. (Jr.) herein after referred to as ADC (Jr.)] (Civil Defence) (Jr.) promoted.

(3.) PETITIONER No. 2 after due interview and selection was appointed as Civil Defence Wireless Operator in the scale of pay of Rs. 1,065/- to Rs. 2,095/- per month by an order dated 24. 5. 1993 and since then he is discharging his duties as such.