Back
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
MR. JUSTICE SUMAN SHYAM, J
Md. Nuruzzaman Ahmed – Appellant
Versus
State Of Assam – Respondent
JUDGMENT :
SUMAN SHYAM, J.
Heard Mr. S.K. Goswami, learned counsel appearing for the writ petitioners. Also heard Mr. P. Nayak, learned standing counsel, PWD appearing for the respondent Nos. 1 to 3 and Mr. M.P. Sarma, learned counsel representing the private respondent Nos. 4 to 7.
2. The judgment and order dated 31-03-2012 passed by the learned Assam Administrative Tribunal (AAT) in Case No. 22ATA/2011 allowing the appeal preferred by the private respondents as appellants granting their prayer to treat the promotions as Assistant Engineer (Civil) from a prior date i.e. prior to appointment of the direct recruits/the writ petitioners, has been put under challenge in the present writ petition.
3. The facts of the case, in a nutshell, are that on 01-09-2001, the Assam Public Service Commission (hereinafter referred to as the APSC) had issued an advertisement notice inviting applications for filling up 187 vacant posts of Assistant Engineer (Civil) under the PWD. The writ petitioners herein, having the requisite qualification to apply for the aforesaid posts, had submitted their applications. On conclusion of the selection process the APSC had recommended appointment of the petitioners
The court emphasized that promotions must adhere to principles of natural justice and proper application of seniority rules, invalidating the Tribunal's decision due to lack of notice to affected par....
Functioning of Government in a State is Governed by Article 166 of Constitution, which lays down that there shall be a Council of ministers with Chief Minister at head, to aid and advise Governor in ....
Seniority - Incumbents from different streams with different quotas cannot challenge grant of seniority from back date to each other.
If an appointment is made by way of stop gap arrangement without considering claims of all the eligible available persons and without following rules of appointment, experience on such appointment ca....
The court established that employees have a legal right to fair consideration for promotion based on eligibility, even if there is no indefeasible right to promotion itself.
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
Challenges to promotions must be timely; belated claims may be dismissed, especially when subsequent promotions render seniority disputes moot.
The court emphasized that challenges to promotions must be timely and adhere to established rules, with a focus on legality and procedural correctness.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
