SACHINDRA NATH DAS Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S. S. Dey, learned senior counsel assisted by Mr. D. J. Kapil and Mr. A. Bhattacharjee, learned counsel appearing for the writ petitioners. I have also heard Mr. N. Dutta, learned senior counsel assisted by learned counsel Mr. S. Borthakur appearing for respondent Nos.4 to 32. Mr. D. Nath, learned Additional Senior Govt. Advocate, Assam, has appeared on behalf of respondent Nos.1, 2 and 3.

(2.) The petitioners herein are the officers serving in the Assam Police Service-Junior Grade and have approached this Court assailing the Gradation List dated 08.03.2018 on the ground that the seniority position assigned to them below the private respondents i.e. the direct recruits, has violated their fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India. With the consent of the learned counsel for the parties, this writ petition is being taken up for disposal at the stage of admission hearing.

(3.) The writ petitioners, while serving as Sub-Inspector of Police, were promoted to the rank of Inspector of Police (UB) vide Government notification dated 31.12.2004 and their promotion to the said rank was confirmed by issuing the notification dated 30.7.2009, with effect from 1.8.2009.Thereafter, vide order dated 13.12.2010 issued by the Commissioner and Secretary to the Government of Assam, Home and Political Department, the petitioners were promoted to the rank of Deputy Superintendent of Police/Assistant Commandant, which posts belongs to the cadre of Junior Grade in the Assam Police Service. Subsequently, their promotions to the Junior Grade were regularised with effect from the date of taking over charge based on the recommendation of the Assam Public Service Commission (APSC).