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2024 Supreme(Gau) 797

SOUMITRA SAIKIA
Bipul Bora, S/o. Late Deben Bora – Appellant
Versus
Principal Secretary to the Government of Assam, Finance Department – Respondent


Advocates Appeared:
For the Petitioner: Ms. B. Bhuyan, Sr. Adv., assisted by Ms. B. Bora.
For the Respondents: Ms. S. Sharma Hazarika, Adv. and Mr. R. Borpujari, Adv.

JUDGMENT :

Heard Ms. B. Bhuyan, learned Senior Counsel assisted by Ms. B. Bora, learned counsel for the petitioner. Also heard Ms. S. Sharma Hazarika, learned counsel for the respondents No.8 and 9 and Mr. R. Borpujari, learned Standing Counsel, Finance.

2. The petitioner is aggrieved by the order dated 21.10.2014 issued by the respondent authorities, whereby the private respondents Nos. 8 and 9 were given promotion. The further prayer of the writ petitioner is for issuance of a mandamus, directing the respondents to immediately give promotion to the petitioner to the post of Senior Accounts Assistant and thereby restore his position above the private respondent Nos. 8 and 9 and also to grant all financial benefits with the effect from 21.10.2014.

3. The petitioner at the relevant point in time was appointed as a Junior Assistant and was posted in the Kamrup (Metro) District Treasury. The Office of the Deputy Commissioner, Kamrup (Metro) prepared a provisional Gradation List in respect of Grade III staff of the Treasury Office under Kamrup Establishment. In the draft Gradation List, the petitioner's name appeared at serial number 8, whereas the names of the private respondents appe

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