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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
| Table of Content |
|---|
| 1. petitioner's appointment issues and background details. (Para 2 , 3 , 4 , 5 , 6 , 7) |
| 2. arguments on petitioner's entitlement and reporting for duty. (Para 8 , 9 , 11) |
| 3. court's acknowledgment of the petitioner's rights and rulings. (Para 10 , 12 , 13 , 14 , 15 , 16 , 17) |
| 4. court's decision on seniority and consequential benefits. (Para 18 , 19 , 20) |
| 5. final disposal of the writ petition. (Para 21) |
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 conceivabl
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.
Candidates selected for government service prior to the implementation of a new pension scheme are entitled to the benefits of the old pension scheme if the delay in their appointment is attributable....
The court determined that a petitioner cannot claim seniority or promote based on service from a distinct establishment due to separate seniority rules.
The court allowed recovery of salary arrears due to continuing wrong despite delays, emphasizing entitlement to pension benefits.
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.
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