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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
RAJESH MAZUMDAR
Bakul Chandra Hazarika S/o Shri Mahita Chandra Hazarika – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
RAJESH MAZUMDAR, J.
1. Heard Mr. R.P. Sarmah, learned Sr. counsel assisted by Ms. M. Borah, learned counsel for the petitioner. Also heard Mr. R. Dhar, learned Addl. Sr. Government Advocate appearing for the respondents/department.
2. The facts leading to the filing of this writ petition are that the Social & Welfare department, Government of Assam, had floated an advertisement for the post of LDA-cum-Typist. Although a select list was prepared pursuant to the selection process, and the petitioner had been placed at Sl. No. 11 of the select list, persons below the petitioner in the select list had been appointed, and the petitioner had approached this Court by filing W.P(C) No. 5688/2001. By the order dated 29.05.2003, this Court had held that the only conceivable way in which the wrong done to the petitioner can be remedied was by issuing an appropriate direction to forthwith appoint the petitioner in the post of LDA in the office of the Child Development Project Officer (CDPO), ICDS Project, Juria, Nagaon. This Court was also of the view that if it was possible to accommodate the appointment of the petitioner against a vacant post, then the person who had been placed lowe
Delays in appointment due to prioritizing junior candidates necessitate recognizing the original joining date for benefits, including salary and pension.
Individuals reporting for duty, but not assigned tasks, cannot be denied salary, affirming that appointment dates should effectively relate to the dates juniors were appointed.
A belated claim for service-related benefits is generally barred by delay and laches unless it arises from a continuing wrong, which was not established in this case.
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
Entitlement to salary arrears and pension benefits reinforced by judicial orders under Assam Services Pension Rules in cases of continued administrative failure to comply with court directives.
Court ruled that the petitioner is entitled to salary arrears from the date of joining, recognizing a continuing wrong due to administrative delays in compliance with prior judicial orders.
Administrative delays in appointment cannot disadvantage candidates in seniority and promotion eligibility, ensuring fairness in service matters.
Candidates wrongfully excluded from appointments are entitled to notional seniority from the date they should have been appointed, correcting delays caused by administrative latches.
The court emphasized the need for timely processing of compassionate appointments and ruled against arbitrary retrospective cancellations, recognizing the petitioner's entitlement to benefits for the....
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