Point of Law : Cognizance of the State resorting to irregular recruitment and issued a direction to the effect that seniority of direct recruits, both outsiders and insiders should be determined according to the dates of their regular appointment through UPSC.

JUDGMENT :

The seniority dispute raised by the petitioners vis-à-vis the private respondents in the cadre of Enforcement Inspector as per final gradation list dated 14.05.2018, is the subject matter of these three writ petitions.

Brief facts in W.P. (C) 3291/2018:

2. In W.P. (C) 3291/2018, the case of the petitioner, namely Gautam Kumar Das, in brief is that he is presently serving as Enforcement Inspector in the State Transport Department. As against 9 (nine) vacant posts of Enforcement Inspectors to be filled up, by a communication dated 26.05.1995, addressed to the respondent no. 4, the Assam Public Service Commission (hereinafter referred to as ‘APSC’ for short) had recommended the names of 7 (seven) persons for appointment and also recommended the names of 7 (seven) persons in the waiting list, wherein the name of the petitioner appeared at serial no. 1. The aggrieved petitioner had approached this Court by filing a writ petition, and this Court by an order dated 30.01.1996, allowed Civil Rule No. 4316/1995, by holding that the case of the petitioner was covered by the decision of this Court in Civil Rule nos. 4131/1995 and 2036/1995, and directed the respondent authorities to appoint him as Enforcement Inspector and if necessary, by throwing out the ad hoc appointees and the appointees under Regulation 3(f) of the APSC (Limitation of Function) Regulation, 1951 (hereinafter referred to as “1951 Regulations”) within 15 (fifteen) days from the date of receipt of the order. The State challenged the said order dated 30.01.1996 in an intra-Court appeal and the Division Bench of this Court, by judgment and order dated 27.09.1996, dismissed W.A. No. 76/1996. Thereafter, the petitioner was appointed temporarily as Enforcement Inspector vide notification dated 13.02.1997. Thereafter, vide communication dated 22.01.1997 to the respondent no. 3, the APSC had recommended candidates for filling up 47 vacant posts of Enforcement Inspector as advertised in the year 1994-1995. As per provisional gradation list dated 24.08.2011, the name of the petitioner appeared at serial number 23. However, in the second provisional gradation list dated 06.08.2015, the name of the petitioner appeared at serial number 18. Resultantly, his seniority was brought down and placed after 4 (four) persons appointed under Regulation 3(f) of the 1951 Regulations. The petitioner had submitted his representation dated 20.08.2015 against the said provisional gradation list dated 06.08.2015. However, in the final gradation list dated 14.05.2018, the name of the petitioner was placed at serial number 28. The case of the petitioner is that his name should have been placed at serial number 12, just below the name of Gautam Deka, whose name appears at serial no. 11 and whose name was recommended on 26.05.1995. Accordingly, the petitioner has prayed for setting aside and quashing the action of the Government to place the name of the petitioner at serial number 28 instead of serial number 12 in the final gradation list dated 14.05.2018 of Enforcement Inspectors, and to direct the respondent authorities to place the name of the petitioner at serial number 12 in the said final gradation list.

Brief facts in W.P. (C) 3616/2019:

3. This is the second writ petition filed by the petitioner in W.P. (C) 3291/2018, namely, Gautam Kumar Das. In this writ petition, it has been projected that in connection with interim order dated 11.06.2018, passed in W.P. (C) 3291/2018, an application under Article 226(3) of the Constitution of India was filed by the respondent nos. 6 and 8, which was respectively numbered as I.A.(C) 923/2019 and I.A.(C) 1763/2019. It is projected that from its contents, the petitioner came across notification dated 04.03.2004, by which the service of the respondent nos. 6, 7 and 8 along with one Uttam Kumar Doley who were earlier appointed as Enforcement Inspecto