MANJUSREE SINHA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) By this common judgment I propose to dispose of Civil Rule No. 1897/1993 and Civil Rule No. 1104/1994.

(2.) The brief facts are that Srimati Manjusree Sinha Choudhury, the petitioner in Civil Rule No. 1897/1993 was initially appointed as Lower Division Assistant in the Office of the Deputy Director of Survey on 1.7.73. The petitioner in Civil Rule No. 1104/1994 Atul Chandra Mohan was also appointed as Lower Division Assistant in the said office on 1.7.74. This office of Deputy Director of Survey was later on redesignated as Joint Director of Survey. Both the petitioners were given the scale of heads of Department from the date of joining in the above posts. Consequently vide Government Order No. RSS.173/72/ 316 dated 8.9.91 the Deputy Director of Survey/Joint Director of Survey was amalgamated with the office of the Director of Land Records and Survey.

(3.) After the amalgamation a composite gradation list was issued by the office wherein the two petitioners were shown as junior to one respondent Arfan Ali who had joined as Lower Division Assistant an 13.6.75 in the Office of the Director of Land Records and Survey. The petitioners raised objection and in the meantime respondent Arfan Ali was promoted as Upper Division Assistant on 29.12.92. Some time on 6.8.92 a draft gradation list was issued showing both the petitioners as senior to Arfan Ali. Later on the draft list was ignored and a fresh gradation list was published where also the two petitioners were shown as junior to Arfen Ali ignoring the direction of the Revenue Department. The two petitioners filed representation and appeal; but to no effect and on 30.11.93 a final gradation list was published showing the two petitioners as junior to respondent Arfan Ali. Hence the present writ petitions.