The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. R. Goswami, learned counsel for the petitioner. Also heard Mr. N. Upadhyay, learned standing counsel, Irrigation Department, Assam appearing for the respondent Nos. 1 to 5 and Mr. S.M. Baruah, learned counsel representing respondent No. 7.

2. The petitioner by way of instituting the present writ petition has prayed for a direction upon the respondent authorities to promote her to the post of Senior Assistant with retrospective effect, i.e. w.e.f. the date of the promotion of respondent Nos. 6 & 7 with consequential benefits.

3. The petitioner, herein, was initially appointed on ad-hoc basis as Lower Division Assistant (LDA) in the establishment of the Executive Engineer, Dhansiri Project Division (Irrigation), Udalguri (respondent No. 5) against a leave vacancy. The application of the petitioner for appointment on compassionate ground, in pursuance to the death of her father, who was working as a Head Assistant in the establishment of the respondent No. 5, was approved by the Government in the Irrigation Department and the same was communicated to the respondent No. 5 vide communication dated 02-04-1996. Accordingly, the respondent No. 5 vide order dated 13-05-1996 proceed to appoint the petitioner on compassionate ground against the post of LDA with prospective effect. The appointment of the petitioner on compassionate ground against the vacant post available in the establishment of the respondent No. 5 was put to challenge by one Bibekananda Das before this Court by way of instituting writ petition being C.R. No. 2251/1996. This Court while issuing notice in the matter stayed the effect and operation of the order dated 13-05-1996. Accordingly, the respondent No. 5 vide order dated 30-05-1996 proceeded to cancel the appointment effected in respect of the petitioner vide order dated 13-05-1996. Subsequently, the writ petition being C.R. No. 2251/1996 being dismissed, the respondent No. 5 proceeded vide order dated 02-04-1998 to appoint the petitioner as LDA against the vacant post available in his establishment with prospective effect. The petitioner accordingly joined her services. The services rendered by the petitioner w.e.f. the year 1995 in pursuance to the order dated 23-05-1995 not being reckoned for the purpose of fixation of her seniority in the establishment of respondent No. 5, the petitioner had approached this Court by way of instituting writ petition being W.P.(C) No. 1933/2001. A Coordinate Bench of this Court vide order dated 02-11-2006 disposed of the said writ petition by directing the respondent authorities to consider the representation submitted in the matter by the petitioner, herein, within the time-frame prescribed.

As the matter was pending consideration of the grievance raised by the petitioner in her representation in terms of the direction passed by the Coordinate Bench of this Court vide order dated 02-12-2006, the petitioner made a request before the competent authority for her transfer to the establishment of the Executive Engineer, Mangaldai Division (Irrigation), Mangaldai, i.e. the respondent No. 4 against an available vacancy. The application of the petitioner was considered and the Chief Engineer, Irrigation, Assam vide order dated 19-08-2005 proceeded to transfer the petitioner to the establishment of the Executive Engineer, Mangaldai Division (Irrigation), Mangaldai, on her own request. The said transfer order was subject to the condition that the petitioner would not claim any transfer TA/DA for the purpose and her