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2021 Supreme(Gau) 487

SANJAY KUMAR MEDHI
Dilip Kalita S/o Sri Gahin Kalita – Appellant
Versus
State of Assam – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.N. Choudhury, Advocate

JUDGMENT :

The extraordinary jurisdiction of this Court is sought to be invoked by filing this application under Article 226 of the Constitution of India whereby the petitioner has put to challenge a decision of the Cabinet dated 27.12.2017 and the consequential order dated 14.02.2018. The petitioner is also prayed for setting aside the gradation list dated 23.12.2002 and for a direction to grant regularization of the adhoc services of the petitioner and to take into account such services while calculating the interse-seniority.

2. To appreciate the issue involved, it would be convenient to put on record the basic

3. The present writ petition is the fourth round of litigation. In the year, 1986 the State facts of the case.

Government had promulgated a set of Rules known as Assam Public Services (Preferential Appointment) Rules, 1986 (hereinafter called, Rules of 1986). The object and purpose of the Rules was to give preference to victims of atrocities during the Assam Agitation mainly in the period from 1979 to 1985. The petitioner who claims to be eligible under the said Rules applied for appointment and vide order dated 29.01.1990, he was appointed on adhoc basis as Lower Division As

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