DHRUBA CHOUDHURY Vs. STATE OF ASSAM

JUDGEMENT

(1.) THE matter relates to selection and appointment to the post of Lower Division (L. D. A. ). While the pleaded case of the petitioner is that the Respondent No. 7 has been selected for appointment because of her close association with the Chairman of the selection committee, who could also influence the other members of the selection committee, but the argument of the learned counsel for the petitioner during the course of hearing of the matter was completely different.

(2.) THE pleaded case of the writ petitioner is that he was appointed as L. D. A-cum-Typist in the office of the Respondent No. 2 purely on temporary and fixed pay basis. Such appointment was made on the basis of Annexure-P-1 letter dated 9. 12. 2005 addressed to the Respondent No. 2 by the Respondent No. 1 by which direction was issued to engage the petitioner as Grade-III staff on a monthly fixed pay basis. Admittedly, such appointment was dehorse the recruitment rules.

(3.) ACCORDING to the petitioner, he was discharging his duties as casual employee to the satisfaction of all concerned. By Annexure-P-4 letter dated 23. 2. 2007, the Respondent No. 2 requested the Respondent No. 4 to forward the names of two candidates for two posts of LDA, one unreserved (General) and another reserved for Scheduled Caste. By Annexure-P-5 letter dated 7. 3. 2007, the names of 17 candidates were forwarded including that of the petitioner, the Respondent No. 7 and the newly impleaded Respondent No. 8.