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2006 Supreme(SC) 454

P.P.NAOLEKAR, S.B.SINHA
N. Birendra Singh – Appellant
Versus
L. Priyokumar Singh – Respondent


JUDGMENT

S.B. Sinha, J. — These appeals involving common questions of law and fact were taken up for hearing together and are being disposed of by this common judgment.

2. The case has a chequered history. We would, however, note the factual matrix of the matter, from C.A.Nos.2126-2127 of 2001. The appellant was appointed as a Section Officer, Grade-I (Elect.). He was promoted to the post of Assistant Engineer (Elect.) on an ad-hoc basis on 5.2.1980. By a Government order dated 30th September, 1985, on recommendations of Departmental Promotion Committee (DPC), the appellant was appointed as an Assistant Engineer on officiating basis w.e.f. 15.7.1985. The State, in supercession of the said order, promoted him as an officiating Assistant Engineer (Elect.) on a SC/ST reserved seat. A tentative seniority list was published in the year 1991 wherein his name was not included, presumably on the basis that his services had not been regularised. His services were, however, regularised w.e.f. 29.8.1992, but no retrospective effect thereto was given, whereupon he filed a writ petition before the Gauhati High Court. A learned Single Judge of the said court by an order dated 27.11.1992 di


































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