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2022 Supreme(Gau) 790

R. M. CHHAYA, SOUMITRA SAIKIA
Commissioner of Excise Office Committee – Appellant
Versus
Bishnu Deo Roy, S/O Lt. Ram Birajee Roy – Respondent


Advocates:
Advocate Appeared:
For the Appellants :Mr. N.J. Khataniar, Advocate
For the Respondents:Mr. R. Deka, Mr. A. Baruah, Advocate

JUDGMENT :

Soumitra Saikia, J.

This writ appeal arises out of the Judgment and Order dated 01.12.2015 passed by the learned Single Judge in W.P(C) No. 2395/2011. The writ petition was filed by the petitioner with the following reliefs:

    (1) To declare that ministerial staff in the office of the Joint Commissioner of Excise, Assam, are part of ministerial staff under the Head of the Department, i.e., Commissioner of Excise, Assam;

(2) To direct the respondents to prepare a common cadre-wise gradation list of all the ministerial staff under the establishment of Commissioner of Excise, Assam;

(3) To direct the respondents to provide consequential service benefits to the ministerial staff serving in the office of the Joint Commissioner of Excise, Assam, following preparation of common gradation list;

(4) To direct the respondents to promote the petitioner to the post of Superintendent effective from the date on which his juniors were promoted.

2. The case projected by the writ petitioner before the learned Single Judge was that he was appointed as LDA-cum-Typist by order dated 01.02.1978 issued by the Chemical Examiner of Excise, Assam. Vide order dated 30.07.1988 passed by the Commissioner o

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