NANI SHA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is a classic example of the internal fight between the direct employees and the promoted employees in the matter of inter-se seniority.

(3.) The appeal has been filed by five appellants challenging the judgment of the Division Bench of the Guwahati High Court whereby the judgment of the learned Single Judge of the High Court was confirmed. The learned Single Judge had allowed the writ petition filed by the respondents herein. In the writ petition the respondents herein, who are the directly appointed Assistant Conservator of Forests (hereinafter referred to as the "ACF" for short) had challenged an order passed by the State of Arunachal Pradesh dated 8.6.2004 vide No.FOR 376/E(A)/2001/4901-61 granting retrospective effect promotions to the appellants herein with effect from 2.11.1994. With that retrospective effect the respondent nos.3 to 7 herein became junior to the appellants since they were all appointed in the year 1996 after direct examination to the post of ACF. The learned Judge found that giving such retrospective effect would be illegal and on the concerned date they were not even borne on the cadre of ACF and were only serving as Range Forest Officer. He also found that in the unamended Rule 5 which provided for method of Recruitment, there was no 50:50 quota for the direct recruits and the promotees which quota came to be introduced only by way of an amendment effected to Arunachal Pradesh Forest Rules vide notification No.FOR.391/E-A/90/32343 dated 24.9.1999 and as such even if the respondents herein were given more than 50% posts in the cadre of ACF, it was permissible and as such the promotions made of the appellants herein for the first time in the year 2001 could not be dated back by giving retrospective effect from the year 1994.