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Issues involved: Challenge to appointment of appellant as officer on Special Duty (O.S.D.) in Assam Legislative Assembly Secretariat based on qualifications required for the post.
Details of the judgment: The appellant, a judicial officer, applied for the post of O.S.D. in response to an advertisement that required candidates to be an Advocate of High Court, a pleader of a District court with 7 years of practice, or a judicial officer qualified to be appointed as a District or Additional District Judge. The High Court set aside the appellant's appointment as O.S.D., ruling that he did not meet the necessary qualifications for the post. The appellant had served as a judicial Magistrate Grade III and was on deputation to the Assam Legal Service as Deputy Secretary. The rules stated that appointment to Grade I posts required promotion from Grade II, which the appellant did not hold at the time of his appointment. The appellant argued that the 1986 Assam Legislative Assembly Secretariat Rules, which came into effect after his appointment, allowed for qualifications including holding Grade-II posts in the Assam Legal Service. However, the Court held that the subsequent rules could not retroactively affect the qualifications required at the time of the appellant's appointment. The appellant was subsequently reverted to the Assam Judicial Service in a Grade III post and later promoted to a Grade II post. The appeal was dismissed by the Court, upholding the High Court's decision that the appellant did not possess the necessary qualifications at the time of his appointment as O.S.D.
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