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DEVASHIS BARUAH
Rabin Ch. Sarma S/o Late Dharma Kanta Sarma – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
DEVASHIS BARUAH, J.
1. The issue involved in the instant writ petition pertains to whether the petitioners who have been appointed against non-sanctioned posts and upon being regularized subsequently to sanctioned posts would be entitled to claim seniority from the date of initial appointment to non-sanctioned post.
2. Heard Mr. M. Sharma, the learned counsel for the Petitioners, Mr. K. Gogoi, the learned counsel appearing on behalf of the Respondent No. 1 and 3, Mrs. D.D. Barman, the learned counsel appearing on behalf of the Respondent No. 2 and Mr. R. Borpujari, the learned counsel appearing on behalf of the Respondent No. 4.
3. The facts of the instant case are that the petitioners herein were appointed as lecturers in their respective colleges pursuant to an advertisement, selection process and interview and with necessary approval/concurrence of the governing body of the college. Admittedly the petitioners were appointed against non-sanctioned post. At this stage, it may be relevant herein to note that the Secretary to the Government of Assam, Education Department had issued an Office Memorandum dated 17.7.2004. A perusal of the said Office Memorandum would show that t
Point of Law : Supreme Court while taking into consideration a dispute pertaining to inter se seniority, held that seniority of appellants before Supreme Court can be reckoned only from date of regul....
The main legal point established in the judgment is that the petitioner's long service as a Trained Graduate Teacher against a substantive vacant post and the Government's decision to declare the non....
Since there are no sanctioned posts on which any of these petitioners were appointed as irregular appointments, no such directions are warranted.
Prolonged service of over ten years without legal hindrance can qualify employees for regularization, regardless of the initial nature of their appointments.
The judgment established the principle that eligibility for regularization under a specific category is contingent upon the nature of the appointment against a sanctioned post. It also emphasized the....
The main legal point established in the judgment is the entitlement of employees to regularization and absorption in sanctioned posts after working for more than ten years without the benefit or prot....
Regularization of appointment against a sanctioned post and determination of seniority based on the date of regularization.
The court established that an employee appointed on an adhoc basis against a sanctioned post is entitled to regularization and seniority from the date of their initial appointment if similarly situat....
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