For employees recruited through a formal selection process, inter se seniority must be determined strictly according to merit rank as specified by governing service guidelines, rather than by the date of joining. Administrative departures from this merit-based mandate violate established legal norms.

JUDGMENT :

N. UNNI KRISHNAN NAIR, J.

1. Heard Mr. R Sharma, Learned Counsel for the Petitioner in WP(C) No. 5688/2019 and for the respondent No. 6 in WP(C) No. 7171/2017 and WP(C) No. 7686/2017. Also heard Mr. R S Chauhan, Learned Counsel for the Petitioner in WP(C) No. 7171/2017 and WP(C) No. 7686/2017, as well as the respondent Nos. 7 & 8 in WP(C) No. 5688/2019. Also heard Ms. BC Moshahary, Learned Standing Counsel, BTC, appearing for the State respondents in all the above noted three writ petitions.

2. The issues, involved in the above noted three writ Petitions, being inter-related, the said three writ petitions were taken up, analogously, for final consideration, with the consent of the learned counsel for the parties and is being disposed of by the present judgment & Order.

WP(C) No. 7171/2017

3. In WP(C)/7171/2017, the petitioner has presented a challenge to an order dated 08.11.2017, issued by the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, determining the seniority of the petitioner i.e. Sri. Biswanath Wary, herein, below that of the respondent No. 6 i.e. Sri. Kiran Khaklary. The petitioner has also assailed the gradation list, so published dated 08.11.2017, basing on the said order dated 08.11.2017.

WP(C)/7686/2019

4. In WP(C)/7686/2017, the petitioner has presented a challenge to an order dated 08.11.2017, issued by the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, determining the seniority of the petitioner i.e. Smt. Mina Barman, herein, below that of the respondent No. 6 i.e. Sri. Kiran Khaklary. The petitioner has also assailed the gradation list, so published dated 08.11.2017, basing on the said order dated 08.11.2017.

WP(C)/5688/2019

5. The writ petition being WP(C)/5688/2019, has been instituted by Sri. Kiran Khaklary and Sri. Baburam Basumatary, inter alia, assailing an order dated 02.08.2018, issued by the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, withdrawing and setting aside the gradation list dated 08.03.2018. The petitioners have also assailed the order dated 07.03.2019, wherein, the seniority of the petitioners had been assigned seniority below the respondent No. 7 & 8 (i.e. the petitioners in WP(C) No. 7171/2017 and WP(C) No. 7686/2019).

6. As agreed to by the learned counsel for the parties, the facts, requisite for adjudication of the issues, arising in the above noted 3 (Three) writ petitions, is noticed from WP(C)/5688/2019 and the parties to the proceeding are also described, basing on their position, in WP(C)/5688/2019.

7. As projected by the parties to the proceedings in WP(C) No. 5688/2019, the Member Secretary, Central Selection Board, BTC, had, on 05.03.2008, issued an advertisement inviting applications for filling up of vacant posts of Junior Assistant/Lower Division Assistant, lying vacant in various establishments, under the Bodoland Territorial Council (BTC). The petitioners, as well as the respondent No. 7 & 8, having satisfied the eligibility criterias, as set out in the said advertisement, proceeded to submit their respective applications, in pursuance to the said advertisement. Thereafter, the petitioners as well as the respondent Nos. 7 & 8, had participated in a Selection Process, and on conclusion of the said selection process, the petitioners along with respondent No. 7 & 8, came to be engaged as Junior Assistant/Lower Division Assistant, however, on a fixed pay basis of Rs. 5200/-, (Rupees Five Thousand Two Hundred) only, vide issuance of an order dated 2