ours We have already pointed out with reference to the rule in question that the declaration of equivalence has to be made by the State Government.
Sachin Choudhury, U. P. Singh, Sukumar Mitter and S. N. Choudhry, for the Petitioner.
A companyy of the proposal sent by them is given as Annexure S II to this Supplementary Counter Affidavit.
Petition Under Article 32 of the Constitution.
N. Sinha, Solicitor General of India, P. P. Rao and Girish Chandra for respondent No.
ORIGINAL JURISDICTION Writ Petition No.
AAI/56/64 dated 1st June, 1966, the Government of Assam had indicated that Shri Anil Kumar Choudhary was holding the number cadre post of Additional District Magistrate, United Mikar and North Cachar Hills with effect from 9 12 1964 to 3 3 1966.
A companyy of the said order of the Government of Assam is exhibited as Annexure S II to this Supplementary Counter Affidavit.
His officiation in the cadre post was number approved and his officiation in the ex cadre post was number companynted for the purposes of his seniority because the ex cadre post of Chairman, Gauhati Development Authority and Liaison Officer, Industries was number declared equivalent to a Cadre post by the State Government.
The affidavit on behalf of the Central Government has categorically stated thus From the 9th March, 1966, till the date of his appointment to the service that is 1st Feb. 1967, he held number cadre post of Chairman, Gauhati Development Authority and Liaison Officer, Industries.
K. Nandy, for respondent No.
emphasis.
When the proposal for the appointment of Shri Anil Kumar Choudhary and the determination of his seniority was sent for the first time by the Government of Assam, under their No.
N. Mukherjee and G. S. Chatterjee, for respondent Nos.
3, 4, 8, 9, 11, 12, 15, 19, 22, 26, 31 32.
The Judgment of the Court was delivered by KRISHNA IYER, J. A senior civil servant of the Indian Administrative Service, brought in by promotion and borne on the cadre of the Assam State number of the joint cadre of Assam Meghalaya , seeks, in this petition under Art.
379 of 1972.
Hence, the date of his appointment to the Service was the relevant date for the fixation of his seniority.
Subsequently, the Government of Assam issued orders on 19th August 1966 appointing Shri Anil Kumar Choudhary retrospectively appointing the petitioner to officiate as Deputy Commissioner, United Mikar and North Cachar Hills, with effect from the 10th December, 1964 to the 2nd March, 1966.
