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Judgment
Heard Mr. N. Hoque, learned counsel for the petitioner and Mr. D. Nath, learned Senior Government Advocate, Assam for the State respondent Nos.
1, 2 and 3.
Petitioner is serving as an Executive Engineer in the PWR Department of the State and presently posted at Karimganj State Road Division. He is
aggrieved by the impugned Notification dated 28.05.2021 by which the respondent Nos. 4 to 8 who are allegedly junior to him have been promoted to
the post of Superintending Engineer in the respondent PWRD Department disregarding his seniority.
By placing the draft Gradation List/Provisional Inter-se-Seniority of Executive Engineer (Civil) PWD dated 25.02.2020, the petitioner placed before
the Court that in the said Inter-se-Seniority List his name figured at Sl. No.82 whereas in the same the respondents Nos. 4 to 8 seniority position are at
Sl. Nos. 91, 92, 93, 97 and 102 respectively.
The said Notification dated 25.02.2020 of the respondent PWD (Annexure-A to this petition) i.e., the Provisional Inter-se-Seniority of Executive
Engineer (Civil), PWD reflects that by the same the authority asked the concerned incumbents to submit their objection, if any, within 15 days from
the date of issue of the said Notification regarding rectification of seniority position, if any.
List on 24.06.2021 enabling Mr. Mr. D. Nath, learned Senior Government Advocate, Assam to apprise the Court as to whether Final Inter-se-
Seniority of Executive Engineer (Civil) PWD was published or not before promoting the respondent Nos. 4 to 8 by the impugned Notification dated
28.05.2021 and if so, to state the seniority position of the petitioner viz-a-viz the private respondent Nos. 4 to 8 in the said Final Inter-se-Seniority of
Executive Engineer (Civil) PWD.
List accordingly.