JUDGMENT :

Heard Mr. U.K. Nair, learned Senior Counsel assisted by Mr. A. Chakraborty, learned counsel for the petitioner. Also heard Mr. D. Mazumder, learned Additional Advocate General, Assam assisted by Mr. P. Nayak, learned Standing Counsel, PWD for the respondents. Mr. A. Phukan, learned counsel appears for the respondent No. 8.

Both the writ petitions being inter-related are taken up together for disposal.

2. The petitioner is aggrieved by the impugned order dated 27.04.2021, issued by the Commissioner & Special Secretary to the Government of Assam, PWRD, wherein, the following decision had been made:

“1) To exclude the name of the petitioner (Sri Debajit Das) from the Provisional inter-se seniority list of Executive Engineer (C), PWD issued vide Notification No.CON.34/2013/137, dated 25.02.2020, and finalize the inter-se seniority list in accordance to Assam Engineering (PWD) Service Rules, 1978.

2) To retrospectively abolish the ex-cadre post of Executive Engineer created solely for Sri Debajit Das to restore legality, pursuant to the judgment dated 23.10.2018 of the Hon’ble Supreme Court.

3. To revert Sri Debajit Das to the post of Assistant Executive Engineer (AEE) to restore r