ANIL KUMAR CHOWDHURY versus STATE OF ASSAM & OTHERS

ANIL KUMAR CHOWDHURY versus STATE OF ASSAM & OTHERS

The petitioner cannot claim credit for service in posts merely equivalent to cadre posts without formal declaration and approval, and his officiation was not continuous due to a week's gap, thus failing to satisfy the legal requirement for continuity in service under rule 3(3)(b).

Parties
Petitioner: Anil Kumar Chowdhury; Respondent: State of Assam; Respondent: Union of India; Respondent: P. P. Rao; Respondent: Girish Chandra; Respondent: D. N. Mukherjee; Respondent: G. S. Chatterjee
Jurisdiction
India
Judgment Date
07 March 1975
Procedural Posture
Writ Petition / Final Judgment
Outcome
petition dismissed
Legal Topics
Seniority in Service, Promotion, Equality Under Article 16
Service Law Constitutional Law Seniority in Service Promotion Equality Under Article 16

Case Brief

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Parties

Anil Kumar Chowdhury

Petitioner

State of Assam

Respondent

Union of India

Respondent

P. P. Rao

Respondent

Girish Chandra

Respondent

D. N. Mukherjee

Respondent

G. S. Chatterjee

Respondent

Procedural Posture

Writ Petition / Final Judgment

Legal Issues

  1. 1 Whether posts equivalent to cadre posts but not formally declared as such satisfy rule 3(3)(b) for seniority determination
  2. 2 Whether a gap of one week breaks continuity in service under rule 3(3)(b)

Ratio Decidendi

The petitioner cannot claim credit for service in posts merely equivalent to cadre posts without formal declaration and approval, and his officiation was not continuous due to a week's gap, thus failing to satisfy the legal requirement for continuity in service under rule 3(3)(b).

Court Disposition

petition dismissed

Orders

  • Petition dismissed. Parties to bear own costs.