YAPI DOLUM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. R. Sonar, learned Counsel for the petitioners. None appears for the respondent No. 1, i.e. Arunachal Pradesh Legislative Assembly represented by its Secretary. A prayer has been made by Ms. G. Deka, learned Addl. Sr. Govt. Advocate for adjournment of this case as Mr. R.H. Nabam, learned Senior Govt. Advocate, who is representing the respondent No. 1 could not appear due to his personal difficulties.

(2.) Notice of motion was issued as far back as on 9.9.2009 with an interim order to the effect that the impugned order dated 27.8.2009 shall remain suspended till returnable date. No return has been filed by the respondent No. 1. No counter-affidavit has been filed by the respondent No. 2 also.

(3.) The petitioner Nos. 1 and 2 were appointed/engaged as unskilled typist in the Legislative Assembly Secretariat, Arunachal Pradesh, Naharlagun on a fixed wages of Rs. 1068/- per month in 1999 and 2001. Similarly, the petitioner Nos. 3 to 5 were also engaged/appointed as unskilled contingent staff. All the petitioners were working as typists. Subsequently, the respondent No. 2 was also engaged/appointed as contingent staff (as typist on 14.5.2007 on similar terms and conditions. Thereafter again the respondent No. 2 was appointed temporarily on ad-hoc basis as mali for a period not exceeding 6 (six) months. The present petitioners challenged the aforesaid appointment of respondent No. 2 by filing WP(C) 339 (AP) 2009 wherein, an interim order was passed on 25.8.2009 at the motion stage suspending the aforesaid appointment order. The petitioners' counsel informed the respondent authority by sending a letter dated 27.8.2009 along with a copy of the said order. Without responding to the said letter, the respondent authority appointed the private respondent No. 2 temporarily as LDC on officiating basis subject to regularisation by the DPC.