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2003 Supreme(Gau) 48

P.P.NAOLEKAR, RANJAN GOGOI
Nabin Ch. Bordoloi – Appellant
Versus
State of Assam and Ors. – Respondent


Advocates Appeared:
K.H.Choudhary, S.Sharma, S.K.Muktar, N.Saikia, A.M.Majumdar, A.Bora, R.Goswami

P.P. Naolekar, C.J.—

As common question arises out of similar facts, these appeals are heard together and decided by a common.

2. The facts in brief are that the appellants, viz. Nabin Chandra Borodoloi and Suraj Ali Laskar (whose heirs are brought on record since he expired during the pendency of the proceeding) were appointed on 5.5.1984 under Regulation 3(f) of the Assam Public Service (Limitation of Function ) Regulation, 1951 (for short “the Regulation, 1951) to the post of District Elementary Education Officers (DEEO) and they joined duties on 22nd May, 1984. Later on the Government issued an order dated 20.12.89 regularing their services with retrospective effect from 16.1.1987.

3. On 13.7.1988 the Assam Public Service Commission has conducted a selection process for appointment on the post of DEEO respondent Nos. 3 to 10 were selected and were appointed in the post by order dated 13.7.1988, whereas the appellants also participated in the same selection process but could not clear it. On 20.4.1992 the State Government has published a provisional gradation list of District Elementary Education Officers, wherein the appellants were shown juniors to respondent Nos. 3 to 10 taking








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