BHUBAN CHANDRA KONWAR Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ Appeal is directed against the common JUDGMENT & ORDER passed on 15.11.95 in Civil Rule No. 644/95 and Civil Rule No. 2110/95. The appellant-petitioner Shri B.C. Konwar preferred Civil Rule No. 644/95, stating inter alia, that while serving as lecturer in Chemistry in State Institute of Science Education, Assam, the petitioner was appointed as District Adult Education Officer, Kamrup on 4.3.83 under Regulation 3(f) of the Assam Pubilic Service Commission (Limitation of Functions) Regulation, 1951 for a period of 4 months. Thereafter the said period was extended from time to time. In the year 1985 there was an advertisement issued by the Assam Public Service Commission for some posts of Deputy Director of Public Instruction/Inspector of School/District Elementary Education Officer/Special Officer in Class I in the Education Department. The petitioner applied for the said posts and appeared before the A.P.S.C. in the selection process along with other candidates. The Assam Public Service Commission(for Short, A.P.'S.C) recommended 64 candidates in order of merit vide their notification dated 16.1.87. In the said list the name of the petitioner appeared at Serial No. 12. Thereafter vide: Notification No. EPG. 46/87/18 dated 13.7.88 as many as 10 persons were appointed on the basis of the recommendation of the A.P.S.C. by another Notification No. EPG. 46/87/19 of even date the services of the petitioner along with eight other persons were regularised with effect from 16.1.87 and fresh posting was made. A gradation list was published showing the respondents as senior to him. The present appeallant-petitioner, therefore, prayed for quashing of the said gradation list and for treating the petitioner as senior placing him at Serial No. 10 instead of Serial No. 31.6 respondents of this appeal that is respondents Nos. 3 to 8 instituted Civil Rule No. 2110/95 stating, inter alia, that this is a case of direct recruitment under the Assam Education Service Rules, 1982 and therefore, the inter se seniority should be fixed as per Rule 23(1) of the said Rules. They prayed for restoration of their seniority as per the merit list published by the A.P.S.C.

(2.) Both the writ petitions were heard analogously and by the impugned judgment the learned Single Judge dismissed the Civil Rule No. 644/95 and allowed Civil Rule No. 2110/95 directing the State of Assam to determine and re-fix the seniority according to Rule 23 of the Assam Education Service Rules, 1982.

(3.) We have heard Shri A.C. Buragohain, learned counsel for the appeallant, Shri B.C. Das, learned Government Advocate Assam and Shri K.H. Choudhury, learned counsel appearing for the private respondents.