The post, however, fell vacant in 1985 when Hazarika was promoted as the Secretary of the Assam Legislative Assembly secretariat.
Respondent number5 filed a writ petition in the High Court of Sauhati challenging the selection and appointment of the appellant to the post of O.S.D. and asking for various other reliefs.
This writ petition to the extent that it challenged the appointment of the appellant, has been allowed by the High companyrt.
The appellant was selected and appointed to the post of O.S.D. on 17th of September, 1985.
The appellant applied for the said post pursuant to this advertisement.
On 18.6.1985 an advertisement was issued by the Assam Legislative Assembly Secretariat inviting applications for the post of O.S.D. in the rank of joint secretary.
He had companypleted 8 years of service as judicial Magistrate Grade III when he was sent on deputation to the Assam Legal Service as Deputy Secretary and Legal Remembrance in the Assam Legal Service with a lien on his post as judicial Magistrate Grade III in the Assam judicial Service, when are set out above for the post of O.S.D. require that the applicant must be a judicial Officer qualified to be appointed as a District or Additional district Judge or he should be an advocate of a High Court or a pleader of a District Court who has practised as such for at least 7 years.
The appellant joined judicial service of the State of Assam as a judicial Magistrate Grade III.
The appellant had number practised as an advocate or pleader for 7 year.
A qualifying examination and viva voce were held.
It has set aside the appointment of the appellant as O.S.D. on the ground that the appellant did number possess the necessary qualifications for the post.
The post of O.S.D. was re designated as the post of joint Secretary on 30th of September, 1986.
Mrs. Sujata V. Manohar, J. This appeal is from a judgment and order dated 3.8.1988 of the High Court of Gauhati setting aside the appointment of the appellant as officer on special Duty in the Secretariat of the Assam Legislative Assembly pursuant to an advertisement dated 18.6.1985.
The post of an officer on Special Duty O.S.D. in the rank of joint Secretary in the Assam Legislative Assembly Secretariat was created in November, 1983.
One P.N. Hazarika who was serving as Deputy Secretary in the Assam Legislative Assembly Secretariat was promoted to the post of O.S.D. so created.
