RASHESWAR CHANDRA PAUL Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Ms. P. Chakraborty, the learned counsel for the petitioner. Also heard Mr. B. Gogoi, the learned Standing Counsel for the Health Department and Mr. R. K. Talukdar, the Standing Counsel for APSC.

(2.) The petitioner was working as the Registrar of Surgery in the Silchar Medical College whose service was cancelled by the Government vide Order dated 29.09.1997 on the ground of submission of false Caste Certificate. The petitioner was also selected and admitted in the M.S. General Surgery Course against the teachers quota during the year 1992-93 and as per the order dated 24.10.1997, it was declared by the APSC that the said admission was also void. In fact, the petitioner faced the interview conducted by the Assam Public Service Commission (APSC) wherein he stood 8th as one of the OBC candidates for the post of Registrar/Resident Surgeon in the Medical Colleges of the State held in the year 1993.

(3.) The petitioner, being aggrieved by the said two orders of cancellation of his appointment and the subsequent admission in the M.S. General Surgery Course against the teachers quota, preferred respectively Civil Rule No. 4990/97 and Civil Rule No. 357/98. Both the writ petitions were dismissed following which Writ Appeal No. 238/1999 was filed, which was also dismissed vide Judgment & Order dated 27.04.2000. On the basis of the observation of the Hon ble Division Bench in the said Writ Appeal No. 238/1999, the Government vide Notification dated 7.06.2001 appointed the petitioner as Registrar of Surgery as a General Category candidate with an observation that his inter-se-seniority would be fixed later on as per rule. A representation was made by the petitioner before the authority with a prayer to maintain his seniority as per the initial entry into the service in 1993 prior to cancellation of appointment which was also rejected vide Notification dated 04.09.2007 thereby holding that the seniority of the petitioner will remain on the bottom of the select list of APSC for recruitment to the post of Registrar in Surgery Department of the Medical Colleges of Assam as published in the year 1993. On the other hand, the gap period of service from 29.09.1997 to 07.06.2001 i.e. the period after cancellation of the appointment of the petitioner till the date of appointment as per the direction of the Division Bench of this Court would be treated as No work no pay as per the F.R. 17 of the FRSR. The said Notification dated 04.09.2007 is under challenge in this writ petition by the petitioner.