M K SEN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. N. Danggen, learned Counsel for the petitioner. Heard also Ms. G. Deka, learned Addl. Senior Govt. Advocate, Arunachal Pradesh, appearing on behalf of the respondent Nos. 1 to 3 and Mr. B. Habung, learned Counsel, appearing on behalf of the respondent No. 4.

(2.) The petitioner claims that he was appointed as Junior Engineer (Mechanical) in the Rural Works Department (RWD) on 23.1.1984. After the trifurcation of RWD into three departments, namely, RWD, PHE and IFCD, the petitioner at the time of trifurcation, opted for service in the IFCD and while he was working as Junior Engineer in the IFCD, he was promoted to the post of Technical Assistant. The IFCD Mechanical Wing is treated as a separate division called as "Drilling Division" and the staff of the drilling division are treated as separate cadre in 'mechanical wing'. It was also decided by the respondent authorities to maintain separate inter-se seniority list of the existing staff of the drilling division. In the above seniority list, the petitioner was the senior-most in the post of Junior Engineers and the private respondent No. 4 is junior to him; his name being placed at Serial No. 6.

(3.) The IFCD was renamed as WRD in the year 2006. None of the services of the Assistant Engineers have been regularised. The petitioner submitted several representations on 24.12.1999, 2.7.2002, 10.10.2003 and 2.7.2004 but without any response from the respondent authorities. No DPC was held although the petitioner and others became eligible for promotion to the said post. In the meantime, the Government sanctioned one post of Executive Engineer on 12.2.2008. The senior-most Assistant Engineer, Shri V.N. Pandey went on deputation to Chhattisgarh and the petitioner being the next senior-most Junior Engineer, who is working as Assistant Engineer on adhoc basis became entitled for being promoted to the post of Executive Engineer. The petitioner made representation on 14.2.2008 for promotion to the post of Executive Engineer (Drilling) but, without considering his case, the respondent authorities allowed the private respondent No. 4, Shri Hage Mobbing to hold the charges of Executive Engineer vide impugned order dated 17th March, 2008 although he was holding the post of Assistant Engineer (Drilling) on officiating basis only on 28.4.2004. The petitioner challenges this impugned order.