IMPORTANT POINT
Regularization of adhoc employees cannot be backdated to disturb the seniority of regularly appointed employees.

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 their respective applications for the same. On conclusion of the recruitment process; the Assam Public Service Commission(APSC) published the select list and therein, the names of the petitioners No. 1 & 2, herein, figured at Serial No. 1 and 4, respectively, against the post of Overseer(Civil) under the Industries & Commerce Department.

In terms of the recommendations so made by the Assam Public Service Commission(APSC) in favour of the petitioners, herein; the petitioners along with 3(three) others came to be appointed against the post of Overseer(Civil) under the Industries & Commerce Department, Government of Assam, vide order, dated 27.07.2003. The petitioners, accordingly, joined their respective service on 11.08.2003.

Subsequent to the joining of the petitioners in their respective service on 11.08.2023, pursuant to their recruitment by the Assam Public Service Commission(APSC); the respondent authorities, vide an order, dated 29.09.2003, had proceeded to regularize the services of private respondents No. 3, 4 & 5, herein, basing on the approval granted for the same by the State Cabinet in its meeting held on 10.06.2003. Vide the said order, dated 29.09.2003, the services of the private respondents No. 3, 4 & 5, were regularized with retrospective effect i.e. w.e.f. 12.06.2003.

It is contended in the writ petition that the respondent authorities, vide order, dated 25/26.02.2021, had published a provisional gradation list of the incumbents in the cadre of Overseer(Civil) under the Industries & Commerce Department and therein, while the respondents No. 3, 4 & 5 were placed at Serial Nos. 1, 2 & 3, respectively, the names of the petitioners No. 1 & 2, were placed at Serial Nos. 5 & 4, respectively. The petitioners, herein, submitted objection to the assignment of their seniority positions in the said provisional gradation list, dated 25/26.02.2021.

The respondent authorities, thereafter, vide order, dated 11.11.2021, published a fresh provisional gradation list of the incumbents in the cadre of Overseer(Civil) and therein, placed the names of the petitioners No. 1 & 2 at Serial Nos. 4 & 6, respectively, while the names of the private respondents No. 3, 4 & 5, were placed at Serial Nos. 1, 2 & 3, respectively.

It is projected that the petitioner No. 2 had submitted objections with regard to the seniority position assigned to him in the provisional gradation list, dated 11.11.2021.

The respondent authorities, vide order, dated 20.12.2022, proceeded to publish the final gradation list of incumbents in the cadre of Overseer(Civil) and therein, the names of the private respondents No. 3, 4 & 5, were placed at Serial Nos. 1, 2 & 3, respectively, while the names of the petitioners No. 1 & 2, were placed at Serial Nos. 4 & 6, re