Gauhati High Court
Kiran Khaklary And Anr vs The State Of Assam And 7 Ors on 29 April, 2026
Page No.# 1/18
GAHC010158982019
2026:GAU-AS:6224
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/5688/2019
KIRAN KHAKLARY AND ANR.
S/O SANTOSH KHAKLAY, VILL. LARUGAON, P.O. SILIKHAGURI, DIST.
CHIRANG, ASSAM
2: BABURAM BASUMATARY
S/O ONGAR BASUMATARY
VILL. BHADULIPARA
P.O. BOROBAZA
VERSUS
THE STATE OF ASSAM AND 7 ORS.
REP. BY ITS COMMISSIONER AND SECRETARY, DEPTT. OF INDUSTRIES,
DISPUR, GUWAHATI
2:BODOLAND TERRITORIAL COUNCIL
REP. BY ITS PRINCIPAL SECRETARY
KOKRAJHAR
3:MEMBER SECRETARY
CENTRAL SELECTION BOARD
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
4:THE COUNCIL HEAD OF THE DEPTT.
DEPTT. OF INDUSTRIES AND COMMERCE
BODOLAND TERRITORIAL COUNCIL
KOKRAJHAR
5:THE ADDITIONAL DIRECTOR
INDUSTRIES AND COMMERCE CENTRE
BTC
KOKRAJHAR
Page No.# 2/18
6:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE
CHIRANG KAJALGAON
DIST. CHIRANG
7:BISWANATH WARY
S/O SUDESH KR. WARY
VILL. AND P.O. RUNIKHATA
P.S. BASUGAON
DIST. CHIRANG
ASSAM
8:MINA BARMAN
D/O LT. NONDESWAR BARMAN
VILL. BHATUABARI
P.O. CHAITANGURI
P.S. BIJNI
DIST. CHIRANG
Advocate for the Petitioner : MR. R SARMA, MR. A NARZARI (P-1, 2)
Advocate for the Respondent : GA, ASSAM, SC. BTC,SC, INDUSTRIES AND COMMERCE
Linked Case : WP(C)/7171/2017
BISWANATH WARY
S/O- SUDESH KUMAR WARY
VILL AND P.O- RUNI KHATA
DIST- CHIRANG
ASSAM
VERSUS
THE STATE OF ASSAM and 6 ORS.
REP. BY ITS COMMISSIONER AND SECRETARY GOVT OF ASSAM
COMMERCE AND INDUSTRIES DEPARTMENT
DISPUR
GUWAHATI- 6
2:THE BODOLAND TERRITORIAL COUNCIL
REP. BY ITS PRINCIPAL SECRETARY
KOKRAJHAR
Page No.# 3/18
3:THE COUNCIL HEAD DEPARTMENT OF INDUSTRIES AND COMMERCE
BTC
KOKRAJHAR
4:THE ADDITIONAL DIRECTOR
INDUSTRIES AND COMMERCE BTC KOKRAJHAR
5:THE GENERAL MANAGER
DISTRICT INDUSTRIES AND COMMERCE CENTRE CHIRANG DISTRICT
CHIRANG
6:KIRAN KHAKLARY
S/O- SANTOSH KHAKLARY
R/O- VILL- LARUGAON
P.O- SILIKHAGURI
DIST- CHIRANG
BTAD
ASSAM
7:BABURAM BASUMATARY
S/O- ONGER BASUMATARY
R/O- VILL- BHADULIPARA
P.O- BOROBAZAR
DIST- CHIRANG
ASSAM
------------
Advocate for : MR.R S CHAUHAN Advocate for : SC BTC appearing for THE STATE OF ASSAM and 6 ORS.
Linked Case : WP(C)/7686/2017 MINA BARMAN D/O- NODESWAR BARMAN R/O-VILL- BHATUABARI P.O. CHATIANGAON DIST-CHIRANG ASSAM VERSUS THE STATE OF ASSAM and 5 ORS.
REPRESENTED BY ITS COMMISSIONER and SECRETARY GOVT. OF ASSAM COMMERCE and INDUSTRIES DEPTT.
DISPUR GHY-6 Page No.# 4/18 2:THE BODOLAND TERRITORIAL COUNCIL REPRESENTED BY ITS PRINCIPAL SECRETARY KOKRAJHAR 3:THE COUNCIL HEAD DEPTT. OF INDUSTRIES and COMMERCE B.T.C. KOKRAJHAR 4:THE ADDITIONAL DIRECTOR INDUSTRIES and COMMERCE CENTER B.T.B. KOKRAJHAR 5:THE GENERAL MANAGER DISTRICT INDUSTRIES and COMMERCE CENTER CHIRANG DISTRICT CHIRANG 6:SRI KIRAN KHAKLARY S/O- SANTOSH KHAKLARY R/O- VILL- LARUGAON P.O. SILIKHAGURI DIST- CHIRANG BTAD ASSAM
------------
Advocate for : MR.R S CHAUHAN Advocate for : SC BTC appearing for THE STATE OF ASSAM and 5 ORS.
BEFORE
HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Date of Hearing : 22.01.2026
Date of Judgment : 29.04.2026
JUDGMENT AND ORDER (CAV)
Page No.# 5/18
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. B C 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 Page No.# 6/18 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 Page No.# 7/18 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 28.02.2011. It is to be noted that the advertisement in question, was so issued for regular appointment against the vacant posts, so advertised, however, it is seen that the selected candidates, including the Petitioners and the respondent Nos. 7 & 8, herein, were so appointed on a fixed pay basis.
8. The petitioners, as well as the respondent Nos. 7 & 8, having been appointed on a fixed pay basis, an issue had arisen, with regard to the regularization of their services. In this connection, the Principal Secretary, Bodoland Territorial Council (BTC), had issued a communication dated 05.09.2011, and therein, had laid down the guidelines, to be so followed for the purpose of regularization of service of incumbents, who were appointed on fixed pay basis, with or without going through the selection process, conducted by the Central Selection Board. In so far as the fixed pay employees, who were appointed after going through a selection process of the Central Selection Board, it was stipulated that their inter se seniority would be determined, basing on the merit list prepared by the Board, in this connection. Basing on the said stipulations, the respondent authorities Page No.# 8/18 proceeded to regularize the services of the respondent Nos. 7 & 8, herein.
9. Being aggrieved by the issuance of orders, regularizing the services of respondent Nos. 7 & 8, the petitioner No. 1, herein, approached this Court, by way of instituting a writ petition being WP(C) No. 2165/2012, while the petitioner No. 2, had approached this Court by way of instituting a Writ Petition being WP(C) No. 3450/2012. The said two writ petitions were taken up for consideration, analogously, and a Coordinate Bench of this Court, vide order dated 08.08.2017, disposed of the said writ petitions by directing the respondent authorities to prepare a fresh gradation list, in so far as, the post of Junior Assistant, Grade-III under the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon was concerned, strictly by reckoning the guidelines, stipulated in the communication dated 05.09.2011. It was further directed that upon preparation of such gradation list, the respondent authorities shall consider the case of the petitioners, herein, for regularization of their service, in the regular scale of pay. It was further provided that in the event, the petitioners are recommended for such regularization, the same was directed to be so effected w.e.f 31.12.2011, i.e. the date when the services of the respondent Nos. 7 & 8, herein, were so regularized. The regularization effected, in respect of the respondent Nos. 7 & 8, was directed to be treated as temporary/adhoc regularization pending fresh preparation of a gradation list. It was further provided that the temporary/adhoc regularization of the Respondent Nos. 7 & 8 would only continue till the date, the case of the petitioners, are so considered. However, it was stipulated that if there are sufficient vacancies for both the rival parties, the respondent authorities would be at liberty to regularize the services of the private respondents as well. Basing on the Page No.# 9/18 said stipulations made by the Coordinate Bench of this Court, vide the said order dated 08.08.2017, an order dated 07.11.2017, was passed by the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon and therein, basing on the merit list the of Central Selection Board, BTC, seniority position to the Junior Assistant (fixed pay), under the jurisdiction of the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, was assigned as on 2011. The seniority of the petitioner Nos. 1 & 2, was determined at Sl. No. 1 & 3, while seniority of the respondent No. 7 was so determined at Sl. No. 5 and that of the respondent No. 8 at Sl. No. 2. Basing on the said order, a gradation list was circulated on the same day i.e. on 08.11.2017.
10. The respondent Nos. 7 & 8, herein, being aggrieved by the said order dated 08.11.2017, as well as the gradation list, so circulated, basing, thereon, on 08.11.2017, has approached this Court, by way of instituting the present Writ Petitions being WP© No. 7171/2017 and WP(C) No. 7686/2017.
11. This Court, in the above noted two writ petitions, had stayed the effect and operation of the order dated 08.11.2017, as well as the effect and operation of the gradation list. The General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, accordingly, vide order dated 02.08.2018, proceeded to withdraw the said gradation list, as prepared in the matter and thereafter, vide an order dated 07.03.2019, proceeded to re-notify the gradation list of Junior Assistant (fixed pay), under the jurisdiction of the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, as on the year 2011, by placing the respondent No. 7 and 8 at Sl. No. 2 and 1, respectively. The petitioners were assigned seniority positions at Sl. No. 4 and 3, Page No.# 10/18 respectively.
12. Being aggrieved by the order dated 02.08.2018 and the re-notified gradation list dated 07.03.2019, the petitioners have instituted the Writ Petition i.e. WP(C) No. 5688/2019.
13. I have heard the learned counsel for the parties and also perused the materials available on record.
14. The issue, arising in the present writ petition, is, with regard to the seniority positions, required to be assigned to the petitioners, as well as, the respondent No. 6 & 7, in the cadre of Junior Assistant. The said issue has already been determined by this Court, vide its order dated 08.08.2017, passed in WP(C) No. 2165/2012 and WP(C) No. 3450/2012. This Court, in the said proceedings, had held that the inter se seniority of the fixed pay appointees against the post of Junior Assistant in the establishment of General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, is to be so fixed, strictly in accordance with the relevant guidelines, stipulated in the communication dated 05.09.2011. This Court had further held that the services of the respondent Nos. 7 & 8, herein, having been regularized in the meanwhile, such regularization should be treated as temporary/adhoc regularization, pending preparation of fresh gradation list. The operative portion of the said judgment, being relevant, is extracted, hereinbelow :
"The respondent Nos. 2, 4 and 5 shall now prepare fresh gradation list in so far as the post Junior Assistant/Grade-III under the General Manager, DICC, Chirang district is concerned strictly as per the relevant guidelines stipulated in the communication dated 5.9.2011 (Annexure-F) and the same should be done within a period of 2(two) months from the date of receipt of a certified copy of this order. Upon preparation of the gradation list, the respondent authorities shall consider the case of the petitioners for their regularization in the regular pay scale which shall be done within a period of 1 Page No.# 11/18 (one) month from the date of finalization of the gradation list. If the petitioners are recommended, their regularization shall be effected from 31.12.2011 i.e., the date on which the respondent Nos. 7 and 8 were regularized. The temporary/adhoc regularization of the private respondent No.7 and 8 will continue only till then.
However, if there are sufficient vacancies for both the rival parties, the respondent authorities will be at liberty to regularize the private respondents as well. The seniority of the petitioners vis a vis the private respondents will nevertheless have to be maintained as per the fresh gradation list to be prepared. Before parting with the judgment, it is also made clear that such retrospective regularization of the petitioners will not invite arrear salaries and will be meant only for the purpose of maintaining seniority."
15. It is seen that after the passing of the said order by this Court, the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, by referring to the merit list, as prepared by the Central Selection Board, BTC, had fixed the seniority amongst the Junior Assistants (fixed pay) under the jurisdiction, as of the year 2011, as follows :
The petitioner No. 1 & 2, vide the said order dated 07.11.2017, were assigned seniority positions on Sl. No. 1 & 3, while the respondent Nos. 7 & 8 were so assigned seniority position at Sl. No. 5 & 2, in the above noted seniority list. Basing on the said order, the respondents had circulated an approved gradation list and therein, the petitioners No. 1 & 2 were placed as Sl. No. 1 & 3, respectively, while respondent Nos. 8 was so placed at Sl. No. 2. The said seniority position, assigned to the petitioners, as well as the respondent Nos. 7 & 8, vide the order dated 07.11.2017, is found to have been so assigned, basing on the merit position, obtained by them, in the connected selection process.
16. However, basing on the interim directions, passed by this Court, in the proceedings of WP(C) No. 7171/2017 and WP(C) No. 7686/2017, it is seen that the said order dated Page No.# 12/18 08.11.2017 and the gradation list, as published, thereafter, were withdrawn and the respondent authorities, vide an order dated 07.03.2019, now proceeded to determine the inter se seniority of the Grade-III Junior Assistants (Fixed Pay) under the jurisdiction of the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon, as on 2011 as follows :
Sl. No. Name of fixed pay Appointment Date of D.O.B Caste Qualification Remarks employee Order No. & joining Date
1. Mina Barman No.IND/CHD/ 28.02.2011 10.10.1972 OBC B.A E-4/2011/15, (Respondent No. 8 DATE-28-02-
in 2011
WP(C)/5688/2019)
2. Biswanath Wary No.IND/CHD/ 28.02.2011 21.01.1981 ST H.S
E-4/2011/15,
(Respondent No. 7 DATE-28-02-
in 2011
WP(C)/5688/2019)
3. Baburam No.IND/CHD/ 01.03.2011 01.09.1975 ST B.Sc. &
Basumatary E-4/2011/15, Diploma in
DATE-28-02- Computer
(Petitioner No. 2 2011 Application
in
WP(C)/5688/2019)
4. Kiran Khaklary No.IND/CHD/ 01.03.2011 21.08.1980 ST H.S &
E-4/2011/15, P.G.D.C.A
(Petitioner No. 1 DATE-28-02-
in 2011
WP(C)/5688/2019)
Page No.# 13/18
5. Jenny Narzary No.IND/CHD/ 03.03.2011 25.07.1980 ST H.S &
E-4/2011/15, Diploma in
DATE-28-02- Basic
2011 Computer &
Type
17. In terms of the said seniority position now assigned, the petitioners are placed on Sl. No. 4 and 3, respectively, while the respondent Nos. 7 & 8 are placed in Sl. No. 2 & 1, respectively. The materials brought on record reveal that such placement of the petitioners were not so made, basing on the merit position obtained by the petitioners, as well as respondent Nos. 7 & 8, in the connected selection process, but was so made, basing on the respective dates of joining by the petitioners, in their services, in pursuance to the appointment, effected in their respective cases, vide order dated 28.02.2011.
18. The Bodoland Territorial Council, (BTC), authorities, having laid down the guidelines to be followed for the purpose of determining the inter se seniority of fixed pay workers, who were so engaged, in pursuance to a selection process, undertaken by the Central Selection Board, BTC, vide the communication dated 05.09.2011, and in so far as it concerns the fixed pay employees, who were appointed, after undergoing a selection process by the Central Selection Board, BTC, their inter se Seniority being now required to be determined, on the basis of the merit list, prepared by the Central Selection Board, BTC, the said stipulations, with regard to the determining of the inter se seniority of the Lower Division Assistants, appointed through process of selection conducted by the Central Selection Board, BTC, as stipulated in the said communication dated 05.09.2011, having been upheld by this Court, vide the order dated 08.08.2017, passed in WP(C) No. Page No.# 14/18 2165/2012 and WP(C) No. 3450/2012, the respondent authorities cannot violate the said stipulations, so framed, vide the said communication dated 05.09.2011. This Court, having also upheld the stipulations, as contained in the order dated 05.09.2011, the inter se seniority between the petitioners and the respondent Nos. 7 & 8 have to be mandatorily to be so prepared, basing on the same.
19. Having drawn the said conclusions, this Court finds that the inter se seniority of the petitioners were already determined, basing on the merit position, obtained by them, vide issuance of an order dated 07.11.2017, issued by the General Manager, District Industries & Commerce Centre, Chirang, Kajalgaon. The inter se seniority position as assigned to the petitioners, as well as the respondent Nos. 7 & 8, have also not been disputed by the respondent Nos. 7 & 8, to have been so assigned, in violation of the merit position, as obtained by them, in the connected selection process. The only contention, raised by the respondent nos. 7 & 8, is that the seniority positions is to be so reckoned by reckoning the date of joining of the Junior Assistants, in pursuance to the order of appointment dated 28.02.2011. The said contentions would not mandate an acceptance by this Court, in view of the directions passed, vide order dated 08.08.2017 in WP(C) No. 2165/2012 and WP(C) No. 3450/2012, wherein, this Court had directed that the inter se seniority of the petitioners and the respondent Nos. 7 & 8, herein, would be required to be so determined, basing on the stipulations, as contained in the communication dated 05.09.2011. It is noticed that the stipulations, made in the communication dated 05.09.2011, in so far as the petitioners and the respondents are concerned, it is the stipulation, made at Clause II, thereof, that would stand attracted and in terms, thereof, Page No.# 15/18 the seniority position of the petitioners and the respondent Nos. 7 & 8, herein, who were recruited through a process of selection conducted by the Central Selection Board, BTC, would be so mandated to be fixed by reckoning the merit position, obtained by them, therein.
20. The petitioners and the respondent Nos. 7 & 8 were assigned seniority position in the seniority list dated 08.11.2017 as follows :
Sl. Name DOB Qualification Caste Date of joining remarks No. 1 Kiran Khaklary 21.08.1980 H.S & PGDCA ST 01.02.2011 (Petitioner No. 1 in WP(C)/5688/2019) 2 Mina Barman 10.10.1972 B.A OBC 28.02.2011 (Respondent No. 8 in WP(C)/5688/2019) 3 Baburam Basumatary 01.09.1975 B.Sc & Diploma ST 01.03.2011 (Petitioner No. 2 in WP(C)/5688/2019) 4 Jenny Narzary 25.07.1980 H.S & Diploma ST 03.03.2011 in basic Computer & type 5 Biswanath Wary 21.01.1981 BA/HS ST 03.03.2011 (Respondent No. 7 in Page No.# 16/18 WP(C)/5688/2019)
21. This Court found that the seniority of the petitioners and the respondent Nos. 7 & 8, is required to be assigned by reckoning the merit position, obtained by them, in the connected selection process, the seniority position, as assigned to them, in the seniority list dated 08.11.2017, being found to have been assigned by reckoning the merit position, as obtained by them, in the connected selection process, this Court is of the considered view that the seniority positions, as assigned to the petitioners and the respondent Nos. 7 & 8, therein, would mandate acceptance.
22. This Court has been apprised that in the meanwhile, the respondent No. 7 & 8 have also been promoted to the rank of next higher cadre of Senior Assistant. This Court, vide order dated 08.08.2017, had directed that the regularization of services of the respondent Nos. 7 & 8, is to be treated as temporary till a fresh gradation list is so prepared and the services of the petitioner are considered for regularization. This Court, hereinabove, having already concluded that it is the seniority position, as determined, vide the order dated 08.11.2017, that would mandate acceptance, the promotions effected, in respect of the respondent Nos. 7 & 8, to the post of Senior Assistant, would not mandate an acceptance and accordingly, the same would mandate to be interfered with.
23. In view of the above conclusions, this Court interferes with the order dated 02.08.2017 and 07.03.2019, under challenge in WP(C) No. 5688/2019 and restores the Page No.# 17/18 order dated 07.11.2017 and the gradation list, as published thereafter, on 08.11.2017.
The respondents are now directed to comply with the directions, passed by this Court, vide the order dated 08.08.2017 passed by in WP(C) No. 2165/2012 and WP(C) No. 3450/2012 and regularize the services of the petitioners, herein, basing on the said seniority position, assigned to them, vide the order dated 08.11.2017 with retrospective effect i.e. with effect from the date the services of the respondent Nos. 7 & 8, herein, were so regularized. However, the retrospective regularization of the services of the petitioners would not entitle them to any arrear salaries and such retrospective regularization of the services of the petitioner, shall be so done notionally for the purpose of assigning seniority to the petitioners. Upon the regularization effected, in respect of the petitioners, the respondent authorities shall consider their respective cases for promotion to the next higher cadre of Upper Division Assistant, with effect from the date the respondent nos. 7 & 8 were so promoted. For the said purpose, the promotion of the respondent Nos. 7 & 8, as Senior Assistant, stand interfered with and the respondent Nos. 7 & 8, would be treated as fixed pay workers till the process of regularization of services of the petitioner, is so completed. Upon regularization of the services of the petitioners, against the vacant posts of Junior Assistants as available in terms of the seniority position, as determined in their cases, vide the order dated 08.11.2017, in the event there are further vacant posts available, the services of the respondent No. 7 & 8 would also be permissible to be so regularized, however, they would be assigned seniority position strictly in accordance with the seniority positions assigned to them in the order dated 08.11.2017. It is further stipulated that in the event there are vacant posts in the cadre of Page No.# 18/18 Senior Assistant, it would also be permissible for the respondents to consider the case of the respondent Nos. 7 & 8, herein for such promotion. However, they would be assigned seniority in the said cadre of Senior Assistant strictly, in accordance with the seniority positions, as assigned, vide the seniority list dated 08.11.2017.
24. The exercise, now mandated to be carried out, in terms of the directions passed, hereinabove, be initiated by the Respondent authorities and concluded with the passing of the consequential orders, within a period of 3 (three) months, from the date of receipt of a certified copy of this order.
25. In view of the above, the WP© No. 5688/2019 stands allowed while WP(C) No. 7171/2017 and WP(C) No. 7686/2017 stands dismissed.
26. Interim orders passed, therein, also stands vacated.
JUDGE
Mayuraks Digitally signed by Mayurakshee Kalita
DN: c=IN, o=Personal, postalCode=781024, l=Kamrup Metro, st=Assam, street=54 AMBIKAGIRI NAGAR, Zoo Road, Dispur Assam India 781024 NEAR SHRISHTI TAILORS, title=3914, 2.5.4.20=cc2c6557fa3d118dee5666b32bf91efbbbfcdb804fec6e2cfc90850e hee Kalita b73700ce, serialNumber=b7e79acf730e99904fe79eda21e1fc9af64f1ae076abe5f4e071 3535b14482a3, [email protected], cn=Mayurakshee Kalita Date: 2026.05.07 17:41:38 +05'30' Comparing Assistant