Seniority in public service should be established by appointment order dates, not joining dates, especially if administrative errors caused discrepancies.

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Ms. T. Wapangla, the learned counsel appearing on behalf of the petitioner. Ms. U. Das, the learned Additional Senior Government Advocate appears on behalf of the respondent No.1; Mr. G. Baishya, the learned counsel appears on behalf of the respondent Nos.2, 3 & 4; Mr. J. Payeng, the learned counsel appears for the respondent No.5. None appears on behalf of the respondent No.6 inspite of service having been effected upon the respondent No.6.

2. The petitioner is aggrieved in the present proceedings by the Gradation List of the staff for the year 2024 in the Office of the Motor Accidents Claims Tribunal, Nagaon and it is under such circumstances, the said Gradation List has been put to challenge.

FACTUAL MATRIX

3. The brief facts of the instant case as it appear from the materials on the record is that an advertisement was issued on 13.11.2018 by the Registrar (Administration)-cum-In-charge of Centralised Recruitment, Gauhati High Court for filling up of various posts of LDA/Copyist/Typist in the District Judiciary of Assam. The numbers of posts were duly mentioned in the said advertisement against each district. For the purpose of the present case, it is relevant to take note of that in respect to Nagaon District Judiciary, there were 12 posts which were to be filled, out of which 1 post each were reserved for ST(P), ST(H), OBC/MOBC and the remaining 9 posts were for unreserved category.

4. Pursuant to the said selection proceedings so initiated, a Select List was published by the Gauhati High Court through the Registrar (Administration)-cum-In-charge of Centralised Recruitment, Gauhati High Court for the District of Nagaon. In the said Select List, the petitioner was at Sl. No.3 and had secured 91 marks. The respondent No.5 was at Sl. No.4 having secured 90 marks and the respondent No.6 was at Sl. No.8 having secured 89 marks. Pursuant thereto, a Select List was published on 30.09.2019 by the Centralised Recruitment, Gauhati High Court by a notification dated 30.03.2019 for the District of Nagaon. In the said Select List, the petitioner was put at Sl. No.3, the respondent No.5 was put at Sl. No.4 and the respondent No.6 was put at Sl. No.8 and they were also given posting in the Motor Accidents Claims Tribunal, Nagaon.

5. Pursuant to this notification dated 30.03.2019, the Registrar (Administration)-cum-In-charge of Centralised Recruitment, Gauhati High Court issued a communication dated 20.04.2019 intimating the Member, Motor Accidents Claims Tribunal, Nagaon, to issue the appointment letters to the selected candidates in its establishment and after issuing appointment letters, initiate police verification process and other necessary formalities. The contents of this communication dated 20.04.2019 is relevant for the purpose of deciding the instant dispute, and as such, the said communication dated 20.04.2019 is reproduced therein under:-

Annexure 4, at Page 44.

THE GAUHATI HIGH COURT AT GUWAHATI

(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

From: Registrar (Administration)-cum-

In-charge, Centralized Recruitment,

Gauhati High Court, Guwahati,

Assam, PIN-781001

To: The Member, MACT

Nagaon, Assam.

Sub:- Appointment of provisionally selected candidates as LDA/Copyist/Typist.

Ref: Notification No.HC.XXXVII-45/2018/236/R.Cell Dated 30-03-2019

Sir/Madam,

As directed, I am to inform you that the following candidates have been provisionally selected for appointment in your establishment in the post mentioned against their names:

You are requested to