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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
DEVASHIS BARUAH
Pranjit Banik, Son Of Parimal Banik – Appellant
Versus
State Of Assam, Represented By The Legal Remembrancer And Secretary To The Government Of Assam – Respondent
| Table of Content |
|---|
| 1. challenge to gradation list publication (Para 2 , 3 , 4 , 6 , 7 , 8) |
| 2. affidavit-in-opposition and appointment timelines (Para 10 , 11) |
| 3. petitioner's challenge supported by counsel (Para 12 , 13) |
| 4. analysis of recruitment rules (Para 14 , 15 , 16) |
| 5. court's observation on issuance of appointment letters (Para 18 , 19 , 20) |
| 6. court's directions and final order (Para 21 , 22) |
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
Seniority in public service should be established by appointment order dates, not joining dates, especially if administrative errors caused discrepancies.
The seniority for promotions in government services must be based on the order of appointment, not merely on merit lists, ensuring compliance with eligibility criteria.
Seniority in public service must be determined by the date of first appointment, not by roster points, as per statutory rules.
Seniority in public service must follow the order of merit per category, prohibiting inter-category comparisons, and claims made after inordinate delay are unsustainable.
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