(1.) THE assailments draped in a constitutional attire pivot around the central theme of interse seniority between the two incumbents of the Health and Family Welfare Department of the State. A simmering discontentment smouldering over the years has erupted in dudgeon being eventually spurred by the investiture of the office of the Head of the Department of Medicine on the private respondent.
(2.) I have heard Mr. B. C. Das, Sr. Advocate, assisted by Mr. U. K. Nair, Advocate for the petitioner, Mr. A. C. Buragohain, learned Additional Advocate General, Assam, for the official respondents and Mr. N. Dutta, Sr. Advocate assisted by Mr. K. Agarwal, Advocate for the respondent No. 6.
(3.) THE petitioner has averred that though the respondent No. 6 along with others had been interviewed by the Commission, thereafter in the year 1980 he was not selected. Subsequent thereto as well, he did not appear before the Commission for his selection to the post of Registrar. In between the petitioner was transferred and posted as Registrar of Medicine in Gauhati Medical College vide notifications HLB. 18/77/60 and HLB. 18/77/63 dated 18/8/1979 and 27/9/1979 respectively whereafter by notification No. HLB. 960/86/2 dated 29/12/1986 he was confirmed in the post of Demonstrator, SPM w. e. f. 1/9/1986. Similarly the respondent No. 6 was also confirmed in the post of Registrar of Medicine w. e. f. 1/9/1986 vide notification No. HLB. 965/86/4 dated 29/12/1986. In this context, the petitioner has pleaded reference to the office memorandum No. HLB. 511/87/1 dated 14/8/1987 underlining the impermissibility of inter Service migration/transfer in the Health Department with the rider that in case such a change in service is insisted upon, the seniority of the incumbent concerned would be counted afresh in the new service. According to the petitioner, though the transition of the respondent No. 6 to Health (B) Services was illegal, shortly he ensured his progression through the ranks to be temporarily promoted by notification No. HLB. 372/87/62 dated 18/6/1987 to officiate as Assistant Professor of Medicine under Regulation 4 (d) of the Regulations.
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