DACHA BAGANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T. Son, learned Counsel for the Petitioner, Ms. A. Mize, learned Government Advocate, appearing for the Respondent Nos. 1 and 2 and Mr. K. Tado, learned Counsel for the private Respondent No. 3.

(2.) The Petitioner, being selected by a selection committee, was appointed along with seven others as computer operator on contractual basis for a period of one year with a fixed monthly pay of Rs. 5,500 by the Deputy Commissioner, East Kameng District, Seppa vide his order dated 12.6.2002. He was thereafter along with others selected for undergoing induction training for Community Information Centre (CIS) operator scheduled to be held on 17.6.2002 to 27.6.2002 at Administrative Training Institute (ATI) at Naharlagun. He successfully completed the said training. Thereafter, an agreement/contract bond was signed on 30.1.2004 between the Deputy Commissioner, East Kameng District and the Petitioner providing amongst others that the Petitioner would serve the government the terms and conditions laid down therein. His appointment was extended by signing similar agreement on subsequent occasion. On his application made, the Circle Officer-cum-BDO, CD/IRD Block, Chyangtajo, a no objection certificate (NOC) was issued to the Petitioner to pursue further studies in master degree course till 30th June, 2009. He passed and obtained master degree in planning with specialization in Urban Planning in the year 2009. While he was pursuing further higher studies, the Petitioner was appointed as LDC-cum-Computer Operator with posting at Changtajo in the scale of pay of Rs. 3050-75-3090-80-4590 p.m. on purely temporary basis on condition that he shall be on probation for a period of 2 years with effect from 1st April, 2008 vide office order dated 21.10.2008 issued by the Commissioner (IT, Science and Technology), Government of Arunachal Pradesh, Itanagar. He accepted the aforesaid appointment.

(3.) The further order dated 4.1.2010 was issued by the aforesaid Director to the effect that the Petitioner would continue lo work as Computer Operator of Chayang Tajo. While the Petitioner was on probation, some complaints were made against him and the same was disposed after inquiry into the matter and his pay and allowances withheld with effect from May, 2009 was released by an order dated 20.7.2009 issued by the said Director. The Petitioner's probation period for appointment was to complete on 1.4.2010 but before that the Respondent-Deputy Commissioner appointed the private Respondent No. 3 as LDC-cum-Computer Operator on ad hoc basis with effect from 11.5.2009 in place of the Petitioner. The said appointment order was issued vide No. Estt-2019/06 dated 14.5.2009 (Annexure-13 to the writ petition), which is under challenge in this writ proceeding.