Seniority in a specific cadre is determined by the date of promotion to that post and is not adversely affected by transfers made in the public interest. A gradation list based on the date of joining a specific station rather than the promotion date is arbitrary and legally invalid.

JUDGMENT :

RAJESH MAZUMDAR, J.

Heard Mr B D Das, learned counsel appearing for the petitioner. Also heard Mr M Bhuyan, learned counsel representing the Health and Family Welfare Department, for the respondent Nos. 1, 2, and 3. Mr N Haque, learned counsel appears for the private respondents.

2. The matter had been heard on earlier occasions and today, the counsels were required to file their written arguments.

3. The petitioner had joined his services in the office of the Joint Director of Health Services, Dhemaji, as an LDA-cum-Typist, (which is now redesignated as a Junior Assistant). By the notification dated 27.03.1996, issued by the Joint Director of Health Services, Assam, his services were regularized w.e.f. 01.04.1995. During the course of his service, by an order dated 30.04.2008, the petitioner was promoted to the post of an Upper Division Assistant in the office of the Joint Director of Health Services, Dhemaji.

4. The petitioner later came to be transferred in the capacity of an UDA, which he was still holding, to the office of Joint Director of Health Services, Lakhimpur, in place of another Upper Division Assistant, who was also transferred. By an order dated 28.09.2018, the petitioner’s earlier transfer order was modified posting him against the then existing vacant post of UDA in the Office of the Joint Director of Health Services of Dibrugarh. In the meantime, the post of the UDA has been redesignated as Senior Assistant.

5. By a communication dated 18.05.2024, the Joint Director of Health Services forwarded a Gradation List to the Director of Health Services, Assam, where a certain Mr Ashok Kumar Phukan had been shown to be senior to the petitioner with the date of his promotion to the post of UDA being shown as 05.03.2007. The petitioner was kept at Serial No. 2 with the date of promotion to the post of UDA shown as 01.04.2008 and the respondent No. 4 was kept at the Serial No. 3 of the aforesaid Gradation List with his date of promotion to the post of UDA being shown as 02.07.2011.

6. Sri Ashok Kumar Phukan, who was shown to be senior to the petitioner by the Gradation List of 18.05.2024, had been given the promotion to the post of Head Assistant and he was supposed to retire on 30.11.2024. When the post of the Head Assistant of the Office of the Joint Director of Health Services, Dibrugarh, was about to fall vacant on 30.11.2024, the petitioner submitted a representation/application for promotion to the said post.

7. Acting upon the application, the Joint Director of Health Services, Dibrugarh, communicated with the Directorate of Health Services, Assam, stating that the post of Head Assistant would fall vacant on the 1st of December, 2024, and there would be no objection from the office, in case, the petitioner is promoted to the post of Head Assistant in the office of the Joint Director of Health Services, Dibrugarh.

8. By a communication dated 19.11.2024, the Joint Director of Health Services, Dibrugarh, forwarded a gradation list of the Upper Division Assistant (now renamed as Senior Assistant) to the Directorate of Health Services, Assam, where the petitioner was shown to be senior to the respondent No. 4. The petitioner was shown to be the seniormost person with the date of promotion to the post of UDA being 01.04.2008, while the respondent No. 4 was shown at Serial No. 2 of the Gradation List with date of promotion to the post of UDA shown to be 02.07.2011.

9. Simultaneously, the respondent No. 4 made a representation to the Director of Heal