IMPORTANT POINT
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.

JUDGMENT :

Heard Mrs. P. Barman, the learned counsel appearing on behalf of the petitioners. Mr. H. K. Das, the learned Standing Counsel appears on behalf of the respondent Nos.1, 2, 3 & 5. Mr. K. K. Bhattacharyya, the learned counsel appears on behalf of the respondent No.4 and Mr. R. Sarma, the learned counsel appears on behalf of the respondent Nos.6 & 7. None appears on behalf of the Respondent Nos.8 & 9 inspite of service of notice.

2. The instant writ petition has been filed by the petitioners challenging the Gradation List of the years 2017, 2018 and 2019 of the Grade-III staff in the establishment of the respondent No.5; the order dated 25.05.2018 issued by the respondent No.5 thereby promoting the respondent Nos.6 & 7 to the post of Upper Division Assistants (UDA); the Appellate order dated 11.06.2019 passed by the Gauhati High Court in its administrative side and the letter dated 15.06.2019 issued by the Registrar (Vigilance) Gauhati High Court to the respondent No.5 rejecting the Appeal petition dated 18.06.2018 filed by the petitioner No.1 and further the promotional orders issued in favour of the respondent Nos.8 & 9 dated 17.12.2019. The petitioners herein seek appropriate writ, direction and orders that they should be given notional promotion to the post of Upper Division Assistant (UDA) in the establishment of the respondent No.5 w.e.f. 25.05.2018, when the respondent Nos.6 & 7 were promoted.

3. The brief facts leading to the filing of the instant writ petition as would appear from the materials on record is that the Petitioners herein were appointed as Lower Division Assistants/Copyists in the establishment of the respondent No.5 vide an appointment order dated 04.03.2014. The petitioners’ names appear at Sl. Nos.9, 11 & 13 in the said appointment order dated 04.03.2014. Thereupon, the petitioners joined on 06.03.2014 and this aspect of the matter is an admitted fact and it is not denied by the respondents.

4. Subsequent thereto, a draft Gradation List of Grade-III staff in the establishment of the respondent No.5 was prepared in the year 2015 wherein the petitioner Nos.1, 2 & 3 were at Sl. Nos. 42, 43 & 41 respectively and the Respondent Nos.6 & 7 were at Sl. No.50 & 49 respectively. In the year 2016, another Gradation List of the Grade-III staff in the establishment of the Respondent No.5 was prepared wherein the Petitioner Nos.1, 2 & 3 were at Sl. Nos.38, 39 & 37 respectively and the Respondent No.6 was at Sl. No.48 and Respondent No.7 was at Sl. No.47. The final Gradation List of Grade-III staff was prepared and published on 13.06.2017. To the surprise of the Petitioners, the Respondent No.6 was at Sl. No.39 and the Respondent No.7 was at Sl. No.37 and the Petitioner Nos.1, 2 & 3 were at Sl. Nos.44, 42 & 43 respectively.

5. Upon coming to learn about the said final Gradation List of the year 2017, the Petitioners submitted a representation to the Respondent No.5 on 19.06.2017 stating inter-alia that the seniority position maintained in the Final Gradation List was contrary to Rule 12 (i) of the Assam District and Sessions Judges Establishment (Ministerial) Service Rules, 1987 (for short, ‘the Rules of 1987’). The Respondent Authorities however did not take any steps in that regard. On the other hand, in the year 2018, another Seniority List was published of the Sheristadar/UDA/LDA/Copyist/ Computer Typist in the Office of the Respondent No.5 wherein the Respondent No.7 was at Sl. No.34; the Respondent No.6 was at Sl. No.36 and the Petitioner Nos.1, 2 & 3 were at Sl. Nos. 41,39 & 40 respectively. Subsequent thereto, taking into account the seniority shown in the Gradation List of 2018, the Respondent Nos.6 & 7 were promoted to the post of Upper Division Assistant (UDA) on 25.05.2018.

6. At this stage, this Court finds it very pertinent to take note of that the Respondent No.6 joined the service as a Lower Division Assistant (LDA) on 28.07.2014 and the Respondent No.7 jo