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IN THE HIGH COURT OF GAUHATI, ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
DEVASHIS BARUAH
Prabhakar Kakati S/o Late Ajit Kakati – Appellant
Versus
State of Assam – Respondent
| Table of Content |
|---|
| 1. appointment process and adherence to advertisement terms. (Para 3 , 4 , 5 , 6 , 7) |
| 2. call letters and selection for posts. (Para 8 , 9 , 10) |
| 3. arguments regarding separate applications for posts. (Para 11 , 12) |
| 4. confirmation of appointment order. (Para 13 , 14) |
| 5. court's analysis of appointment validity. (Para 15 , 16 , 17 , 18) |
| 6. final judgment and directions issued by the court. (Para 19) |
JUDGMENT :
DEVASHIS BARUAH, J.
1. Heard Mr. K. Sarma, the learned counsel appearing on behalf of the petitioner. Ms. D.D. Barman, the learned Additional Senior Government Advocate appears on behalf of the respondent No. 1; Mr. H.K. Das, the learned Standing Counsel appears on behalf of the respondent No. 2 and Mr. H.A. Ahmed, the learned counsel appears on behalf of the respondent No. 3.
2. None appears on behalf of the respondent No. 4.
3. The petitioner herein has assailed the appointment of the respondent No. 3 to the post of the Office Peon (Contractual) primarily on the ground that the respondent No. 3 was appointed to the said post without there being any application filed for the post of the Office Peon (Contractual).
4. Let this Court now take up the facts which led to the
The appointment of a candidate to a contractual post without an application, contrary to advertisement requirements, violates constitutional provisions establishing equitable recruitment practices.
Post of contractual peon - Qualification - Selection Process - Preference will be given to those candidates who have already worked or working temporarily as contractual/fixed pay/wages basis in subo....
A vacancy caused by the termination of an employee must be filled through a new selection process, not from an existing select list.
The main legal point established in the judgment is the application of principles of seniority, regularisation of ad-hoc appointments, and the constitutional provisions of Article 14, 16, and 21 in r....
Appointment – Contractual appointment in place of regular appointment cannot be granted after procedure is initiated for regular appointment and candidate fulfils eligibility criteria.
Appointments to public service must adhere to constitutional mandates of transparency and equality, requiring open advertisement and fair selection processes.
Irregular daily wager appointments without advertisement violate Articles 14 & 16; no regularization or reinstatement even with prior equal pay directions; termination upheld as backdoor entries depr....
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