NIREN BARUAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is preferred against the impugned judgment and order dated 28.2.98 passed by the learned Assam Administrative Tribunal, Guwahati in Case No.2 ATA/96,17 ATA/96, 16. ATA/96 (Misc), 9 ATA (Misc)/ 96 and 10 ATA (Misc)/96 challenging the orders for a direction to set aside the award of the learned Tribunal holding the respondents 6, 7 and 8 are seniors to the petitioners which prejudiced the right of the petitioners.

(2.) The issues involved in this case in brief is that the interse seniority of the petitioners who are direct recruits Assistant Engineers, Public Works Department vis-a-vis respondents 6, 7 and 8 who are also direct recruits Assistant Engineers and the respondents 9 to 111 who are the promotees to the rank of Assistant Engineers of the department.

(3.) The five writ petitioners were direct recruits of 1988 and the respondents 6,7 and 8 were also appointed on ad-hoc basis vide notification dated 29.7.85 under Regulation 3(f) of the APSC (I&F) Regulation, 1951. APSC issued advertisement for the post of Assistant Engineers. Originally the petitioners were appointed on ad-hoc basis vide notification dated 12.9.86, 29.9.86 and 28.11.86. As it is seen the petitioners were appointed on various dates in the year whereas the respondents 6, 7 and 8 were appointed vide notification dated 29.7.85.