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N. UNNI KRISHNAN NAIR
Ranju Gogoi Bhagawati W/o Prahlad Sankar Bhagawati – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
Heard Mr. Adil Ahmed, learned counsel for the petitioner. Also heard Mr. A. M. Kalita, learned Standing Counsel, Industries Department, appearing on behalf of respondents No. 1 & 2; and Mr. K. Talukdar, learned counsel, appearing on behalf of the private respondents No. 3, 4 & 5.
2. The petitioners, in the present proceeding, have presented a challenge to the final gradation list, circulated vide communication, dated 20.12.2022, of the cadre of Overseer(Civil) in the establishment of the Commissioner of Industries & Commerce Department, Government of Assam. The petitioners have also prayed for assigning to them, seniority position above the private respondents No. 3, 4 & 5, herein.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The petitioners, herein, pursuant to an advertisement issued by the Assam Public Service Commission(APSC) for recruitment to the post of Junior Engineer(Civil & Mechanical) under PWD Roads and the post of Overseer(Civil) under the Industries & Commerce Department, Government of Assam, had submitted thei
Regularization of adhoc employees cannot be backdated to disturb the seniority of regularly appointed employees.
Point of Law : 10. Court should not embark upon on and enquiry into the merits of the case and that writ petition should be dismissed on the ground of laches alone.
The main legal point established in the judgment is that the seniority of the petitioners should be counted from the date of their regularization as Assistant Engineers. The court also emphasized the....
The court emphasized the significance of considering the service in the supernumerary post as part of the sanctioned strength of the post of AE(C) and highlighted the principles of seniority calculat....
Service matter - Seniority - The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service....
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