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2024 Supreme(Gau) 172

MANISH CHOUDHURY
Keshab Chandra Paul – Appellant
Versus
Gauhati High Court – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. P.K. Das, Advocate
For the Respondent:Mr. H.K. Das, Mr. P. Mahanta, Advocate

JUDGMENT :

In the present writ petition instituted under Article 226 of the Constitution of India, the petitioner has assailed an Order bearing no. 183 passed under Memo no. DJK.1-1/2021/1653-58 dated 29.112021 by the respondent no. 3 whereby the respondent no. 5 has been promoted to the post of Civil Sheristadar in the office of the Civil Judge, Kokrajhar with effect from 01.12.2021.

2. The relevant and necessary facts for the purpose of consideration of the challenge made herein can be exposited, briefly, as follows :-

2.1. The petitioner was initially appointed as a Lower Division Assistant [LDA] in the establishment of District & Sessions Judge, Kokrajhar and he joined his service on 23.05.1990. As the petitioner joined later in the post of Lower Division Assistant [LDA] than few other appointees from the same recruitment process, his position in the Gradation List in the post of LDA was shown at a lower position than them. For the purpose of recruitment to those posts of LDA, the selection process was undertaken in the year 1990 and on completion of the selection process, a select list was prepared and published on 20.04.1990. In the said select list, the name of the petitioner a

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