IMPORTANT POINT
The main legal point established in the judgment is that the determination of seniority should be in accordance with the relevant rules and previous court decisions, and subsequent representations cannot reopen issues that have attained finality.

JUDGMENT :

Vijay Bishnoi, J.

This intra-Court appeal is filed by the appellant challenging the judgment dated 02.11.2021 passed by the learned Single Judge in WP(C) No.3585/2018 whereby the writ petition filed by the appellant/writ petitioner has been dismissed.

2. The facts culled out from the case are that vide office order dated 29.01.1990, the appellant/writ petitioner was appointed as a Lower Division Assistant (LDA) in the Assam Secretariat under the provisions of Assam Public Services (Preferential Appointment) Rules, 1986 read with Rule 16 of Assam Secretariat Subordinate Services Rules, 1963 on ad hoc basis in the scale of pay of Rs.580-20-680-EB-25-805-EB-30-1165/- per month plus other allowances as admissible for a period of 2(two) months with effect from the date of joining.

It is mentioned in the appointment order dated 29.01.1990 that the case for regularization of the appellant in the post of Lower Division Assistant in the Secretariat will be considered on his qualifying in the written test/interview arranged for the purpose in due course and subject to favourable police verification report.

Later on the services of the appellant in the post of Lower Division Assistant came to be regularized vide order dated 25.02.1992 under the Assam Public Services (Preferential Appointment) Rules, 1986.

3. The appellant had preferred the writ petition, being WP(C) No.1756/1999 before this Court, along with 26 other employees who were also appointed on ad hoc basis along with the appellant/writ petitioner and their services were also regularized in the year 1992 along with the appellant, seeking a relief that benefit of seniority from the date of their appointment on ad hoc basis i.e. 29.01.1990 be extended to them. The said writ petition [WP(C) No.1756/1999] came to be dismissed by the learned Single Judge of this Court vide judgment dated 18.03.2002 while concluding that the seniority of the appellant and the similarly situated employees are to be reckoned from the date of their regular appointment i.e. with effect from 25.02.1992. The claim of the appellant and the similarly situated employees to grant them seniority from the date of their ad hoc appointment was rejected.

4. The respondent State in the year 2003 had thereafter issued a final gradation list of Lower Division Assistants wherein the appellant was placed at Serial No.418 and being aggrieved with the same, the appellant had preferred a writ petition, being WP(C) No.4139/2003 before this Court seeking a prayer for regularization of his ad hoc appointment.

The writ petition [WP(C) No.4139/2002] filed by the appellant/writ petitioner remained pending up to the year 2012. However, vide order dated 29.05.2012, the learned Single Judge of this Court taking into consideration the fact that the writ petition filed by the appellant is pending for the last 9 years, had disposed of the same with liberty to the petitioner to make a representation before the authorities concerned with the further direction that in the event of making such a representation, the said authority shall pass a speaking order dealing with the contentions that may be raised in the representation.

5. On the strength of the above order dated 29.05.2012 passed in WP(C) No.4139/2003, the appellant had filed representation to the respondents. The Department of Personnel taking note of the said representation had made a favourable note to the appellant on 02.02.2015 and referred the matter to the Cabinet for taking appropriate decision. In the meantime, the Government of Assam, vide order dated 25.08.2015 had rejected the representation filed by the appellant/writ petitioner in pursuance to the order passed by the learned Single Judge of this Court on 29.05.2012 in WP(C) No.4139/2003.

Being aggrieved with the same, the appellant/writ petitioner has again filed a writ petition, being WP(C) No.3086/2015 and the learned Single Judge of this Court vide order dated 17.02.2016 had disposed of the said writ petition file