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2021 Supreme(Gau) 474

KALYAN RAI SURANA
Harendra Ch. Lahkar S/o Late Pratap Ch. Lahkar – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Ms. G. Goswami, Mr. B.P. Borah.
For the Respondents: Mr. P. Nayak, Mr. N. Upadhyay.

JUDGMENT :

KALYAN RAI SURANA, J.

1. Heard Ms. G. Goswami, learned counsel for the petitioner and also heard Mr. P. Nayak, learned standing counsel for the respondent nos. 1 and 2 and Mr. N. Upadhyay, learned counsel standing counsel for the respondent nos. 3 and 4.

2. Be it stated that the learned counsel for the petitioner had urged that an additional affidavit had been filed by the petitioners to demonstrate before this Court that the petitioner was promoted along with many other similarly situated persons, but only the petitioner was singled out for being reverted back to his original post, whereas few other similarly persons were also given subsequent promotion. The said affidavit has not been tagged with record. However, the learned counsel for the petitioner had insisted that the matter be heard out of turn hearing on the basis of materials on record at the ‘admission’ stage as the petitioner was superannuating on 30.09.2021. The learned departmental counsel had not objected to such prayer. Accordingly, the matter had been heard.

3. In brief, the case of the petitioner, is that he had joined service in the establishment of Public Works Department, Assam as a muster roll worker. H

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