Arup Kumar Goswami, J.

1. Heard Mr. K. K. Mahanta, learned Sr. Counsel for the petitioner. Also heard Mr. K. Goswami, learned counsel appearing for the respondent No. 5 and Ms. P. Bhattacharjee, learned Standing Counsel, Education. The sole point for consideration in this case is as to whether the past service of the petitioner in Assam Syntex Ltd., a Government of Assam Undertaking can be taken into consideration for the purpose of counting his seniority in Assam Textile Institute, a Government institute, from the date of his appointment there as a Lecturer on 04.07.1994.

2. The petitioner was appointed on 13.03.1996 as Sr. Technical Supervisor in Assam Syntex Ltd., which is a sister concern of Assam Industrial Development Corporation, in short, AIDC, also a Government of Assam Undertaking. The petitioner is a graduate in Textile Engineering and had initially joined as Management Trainee (Textile) in AIDC Ltd. 18.01.1985.

3. During his tenure in the Assam Syntex Ltd., the petitioner earned certain promotions, a detailed discussion of which is not relevant for this case. Subsequently, the petitioner, pursuant to an advertisement, submitted his candidature for his appointment as a Lecturer in Assam Textile Institute. He having been selected and recommended by the Assam Public Service Commission, in short, APSC, the petitioner joined as a Lecturer in Assam Textile Institute on 04.07.1994 after letter of appointment was issued on 28.06.1994. The date of joining in the Assam Textile Institute and his date of release from Assam Syntex Ltd. is the same i.e. 04.07.1994. By letter dated 03.05.1997, the petitioner was also given pay protection under the provisions of FR 22-A providing that the personal pay that was granted would be merged with the next pay increment.

4. The respondent No. 5 was initially appointed as a Lecturer on ad hoc basis in March, 1990 and subsequently, APSC having selected and recommended him for being appointed as Lecturer in the Assam Textile Institute, he joined there on 26.08.1992. A seniority list dated 17.10.2005 was prepared in which, the name of the petitioner was at Sl. No. 4 and the name of the respondent No. 5 at Sl. No. 1. The respondent No. 5 was also given the senior scale w.e.f. 26.08.2000. The petitioner had represented to carry forward his past service to Assam Textile Institute for the purpose of seniority. The representation of the petitioner was rejected by Order dated 21.01.2006 (Annexure-21) by the Government on the ground that services rendered in any establishment other then Government establishment cannot be counted and therefore, the seniority has to be counted from the date of his joining as Lecturer in Assam Textile Institute.

5. Mr. K.K. Mahanta, learned Sr. Counsel for the petitioner submits that while submitting his candidature for the post of Lecturer in Assam Textile Institute in response to the advertisement issued by the APSC, the petitioner had, as required by the said advertisement, submitted a No Objection Certificate, a copy of which is also produced before the Court. As the petitioner was selected in the interview held by APSC and as the petitioner was already in public employment being in the services of a Government of Assam Undertaking, it was ensured by both the authorities of the public sector undertaking and the Government that there is no break in service. Therefore, date of his joining in the Assam Textile Institute and date of his release from Assam Syntex Ltd. was same. It is contended by the learned Sr. Counsel that when pay protection was granted to him by the Government, there cannot be any justifiable reason for not carrying forward the past service rendered by the petitioner in the Assam Syntex Ltd. for the purpose of counting his seniority. It is also urged by him that there being no dispute that the Assam Syntex Ltd. is a public sector undertaking of Government of Assam, the reason cited for rejecting the representation of the petitioner cannot be susta