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2015 Supreme(Gau) 158

UJJAL BHUYAN
Bijoy Sarma – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: M.A. Sheikh and G. Sarma
For Respondents/Defendant:Y.S. Mannan, SC, R.M. Deka, SC, M.K. Choudhury, Sr. Advocate, N. Baruah and Sheikh Muktar

JUDGMENT :

Ujjal Bhuyan, J.

1. This order will dispose of WP(C) Nos. 1536/2009 and WP(C) No. 5037/2010. Both the writ petitions were heard together as the subject matter is identical.

2. In WP(C) No. 1536/2009 Sri Bijoy Sarma and Sri Dilip Kr. Nath are the petitioners whereas Sri Intaz Ali Ahmed and Sri Aniruddha Nag are the petitioners in WP(C) No. 5037/2010.

3. Matter relates to seniority in the rank of Assistant Engineer (Civil) in the Public Works Department (PWD). Petitioners are basically aggrieved by the second Cabinet decision whereby their seniority in service in the rank of Assistant Engineer (Civil) has been reckoned from the date of their regularization i.e., with effect from 24.12.1998.

4. The facts of the case may be briefly narrated.

5. According to the petitioners, following a selection process, they were appointed as Assistant Engineer (Civil) in the PWD under Regulation 3(f) of the Assam Public Service Commission (Limitation of Functions) Regulations, 1951 in February, 1994. About 62 persons were so appointed as Assistant Engineer (Civil) in the PWD under Regulations 3(f). Though the petitioners were initially appointed for a period of 4 months, the temporary appointmen
























































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