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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJAY KUMAR MEDHI
Loni Baruah – Appellant
Versus
Principal Secretary To The Govt. of Assam – Respondent
JUDGMENT :
Heard Shri R Sarma, learned counsel for the petitioner. Also heard Shri SS Roy, learned State Counsel, Assam as well as Shri S Borthakur, learned counsel for the private respondent nos. 15 to 24.
2. The writ petition has been instituted with the following prayers: “ In the premises aforesaid, it is most respectfully prayed that, your Lordships may be pleased to admit this Petition, call for the record of the case, issue a Rule, calling upon the Respondents to show cause as to why a Writ in the nature of Certiorari should not be issued to the Respondent Authorities, modifying:
Expired select lists cannot be used for appointments; fairness and transparency in recruitment must be upheld.
Point of Law : When there is an effective adjudication by this Court that the petitioner is entitled to parity.
The court directed the consideration of a petitioner's appointment against available vacancies from a 2005 recruitment drive, emphasizing fair treatment for candidates with disabilities.
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
Individuals reporting for duty, but not assigned tasks, cannot be denied salary, affirming that appointment dates should effectively relate to the dates juniors were appointed.
The appointments of Grade-IV staff must comply with statutory requirements, and failure to adhere results in illegality, leading to dismissal without entitlements to remuneration.
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