JUDGMENT :

Soumitra Saikia, J.

Heard Mr. U.K. Nair, learned senior counsel, assisted by Mr. S.P. Sharma, learned counsel for the appellants. Also heard Mr. K.N. Choudhury, learned senior counsel, assisted by Mr. R.M. Deka, learned counsel appearing for the respondents No.1 to 19; Mr. R.K. Borah, learned Additional Senior Government Advocate, Assam, appearing for the respondents No.20 to 25 and Mr. T.J. Mahanta, learned senior counsel, assisted by Ms. P. Sarma, learned counsel appearing for the respondent No.26.

2. This writ appeal is directed against the judgment & order dated 10.02.2023 passed by the learned Single Judge in WP(C) No.8318/2019. The private respondents No.1 to 19 in the present writ appeal had filed the aforesaid writ petition praying for setting aside and quashing of the Provisional Gradation List published on 29.12.2017 as well as the Final Gradation List published on 01.10.2019 insofar as the seniority of the writ petitioners vis-à-vis the respondents were concerned. The writ petitioners, who are private respondents No.1 to 19 herein, also prayed for a direction to publish a fresh Gradation List by placing them above the respondents No.8 to 24 in the writ petition, some of whom are appellants before this Court.

3. The facts essential for the purposes of this appeal are that pursuant to an advertisement dated 19.08.1997 issued by the Assam Public Service Commission (hereinafter referred to as “APSC”) for filling up of 27 numbers of vacant posts of Child Development Project Officer (CDPO), the appellants and the private respondents No.1 to 19 in the present appeal, participated in the said selection process. The private respondents No.1 to 19 were selected and their names appeared in the select list published on 17.07.2000. Pursuant to their selection, they were appointed as CDPOs in the year 2001 and they continued to work as CDPOs pursuant to their appointments. The appellants, who were working on adhoc basis as Regulation 3(f) appointees, however, failed to clear the selection and their names did not find place in the Select List published on 17.07.2000. The appellants continued to work on ad-hoc basis till they were regularized subsequently by the Department. The dispute arose when the respondent Department published a Provisional Gradation List on 29.12.2017 wherein, the names of the private respondents No.1 to 19 were placed below that of the appellants in the present appeal.

4. Enquiries made thereafter revealed that the services of the appellants were regularized pursuant to a Cabinet decision taken by the Government on a proposal for relaxation of Clause 5(c) and Clause 11 of the Assam Social Welfare (Recruitment & Promotion) Service Order, 1994 (hereinafter referred to as “1994 Service Order”). The Cabinet decision was taken on 13.10.2000 on the proposal moved through a Cabinet Memorandum and subsequently a Notification dated 16.11.2000 was issued by the competent authority of the Government of Assam, Social Welfare Department, whereby the services of the appellants were regularized. Although objections were submitted by some of the private respondents towards the Provisional Seniority List published, the same were ignored and a Final Gradation List was published on 01.10.2019 in respect of Class-II Officers in the Social Welfare Department wherein, the names of the private respondents No.1 to 19 were placed below that of the appellants.

5. The learned Single Judge, upon consideration of the matter, interfered with the Provisional Gradation List as well as the Final Gradation List and further held that the writ petitioners (private respondents herein) were to be treated as incumbents from the batch of APSC select list of 17.07.2000 and the respondents No.8 to 24 (appellants herein) were to be treated as incumbents whose services had been regularized with effect from 16.11.2000 by virtue of the Notification No.SWD.34/99/104 dated 16.11.2000, which was issued on the strength of the Cabinet decision dated 13.