SURAJ KUMAR PANDEY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Tari, learned Counsel for the Petitioner. Heard also Ms. G. Deka, learned Addl. Senior Government Advocate for the Respondent Nos. 1 to 3 and Mr. K. Ete, learned Counsel appearing for private Respondent Nos. 4 and 5.

(2.) The short facts of this case, are that the Petitioner and the private Respondent Nos. 4 and 5 applied for appointment to the posts of Assistant Engineers in the Public Works Department (P.W.D.) and they along with others were recommended by the by the Arunachal Pradesh Public Service Commissioner ('APPSC') vide letter No. PSO-108/68 dated 20.3.1989. The Petitioner's name figured at serial No. 7 in the merit list while the names of the private Respondent Nos. 4 and 5 figured at serial Nos. 2 and 6 respectively in the separate waiting list prepared by the APPSC. Scheduled tribe category who were found at the lower positions of the separate list prepared by the APPSC. The private Respondent Nos. 4 and 5 were appointed as Assistant Engineer vide order dated 19.4.1989 and they joined in their service on 2.5.1989. Although, the a Petitioner's position in the merit list was at serial No. 7, he was appointed, only on 12.6.1989 by an order dated 12.6.1989 and joined his service on 21.7.1989.

(3.) The provisional seniority list of Assistant Engineers was published on 25.9.1990 wherein the Petitioner's name found place at serial No. 136 while the names of the private Respondent Nos. 4 and 5 appeared at serial Nos. 142 and 146 respectively. Thereafter, a final gradation list was published; on 1.3.1999 showing the Petitioner at serial No. 126 and the private Respondent Nos. 4 and 5 at serial Nos. 116 and 120 respectively. The Petitioner was thrown junior to the private Respondents in the final gradation list and being aggrieved, he made a representation on 6.4.2001 before the authorities concerned. He submitted several reminders, the last being 21.7.2009 but to no effect. Having no other alternative, the Petitioner has filed the present writ petition for a direction to the Respondent authorities to restore the seniority position of the Petitioner by maintaining and placing his name above the private Respondent Nos. 4 and 5 in the seniority list and to give all the consequential service benefits as per his entitlement.