YAME TATIN Vs. STATE OF A P

JUDGEMENT

(1.) Heard Mr. D. Panging, the learned counsel for the petitioner, Mr. S. Tapin, the learned senior Government advocate appearing for the State respondents No.1 to 4 and also Ms. A. Upadhyay, the respondent No.5 (in person).

(2.) The learned counsel for the petitioner has submitted that during the pendency of the writ petition, the petitioner has been promoted to the post of Assistant Commissioner (Tax & Excise) [hereinafter referred to as AC(TE) for short]. However, it is submitted that except for the prayer for a direction to promote the petitioner to the post of AC(TE), the petitioner still intends to pursue this writ petition.

(3.) In this writ petition filed under Article 226 of the Constitution of India, the case projected by the petitioner is that on being recommended by the Departmental Promotion Committee (DPC) by an order dated 11.09.1995, he and the respondent No.5, amongst others, were appointed as Inspector (Tax & Excise), Group 'B' (Non- Gazetted). In the said order, the name of the respondent No.5 appeared at Sl. No. 2 and the name of the petitioner appeared at Sl. No. 8. Thereafter, by a notification dated 21.09.2000, the Government made reservation in the matter of promotion, inter-alia, providing reservation of 50% in Group 'A' posts, thereby adopting a Model 100 point roster indicating the point of reservation. Thereafter, by a subsequent notification dated 04.05.2001, it was provided that 80% of the posts in Group 'A' under the Govt. of Arunachal Pradesh which are to be filled up by direct recruitment, shall be reserved for Arunachal Pradesh Schedule Tribe (ST for short) candidates, thereby adopting a model 100 point roster indicating the point of reservation in Group 'A' post. It is projected that on recommendation by the DPC, the Government by an order dated 26.11.2007, regularised the officiating service of 16 persons as Superintendent (T & E) w.e.f. 23.11.2007, wherein the name of the respondent No.5 and the petitioner appeared at Sl. No. 4 and 8 respectively. Thereafter, by order dated 21.10.2008, the incumbent whose name appeared at Sl. No.1 in the order dated 26.11.2007 was promoted from Superintendent (Tax & Excise) to the post of Assistant Commissioner (Tax & Excise). By another order dated 15.03.2010, the incumbents whose names appeared at Sl. No.2, 5 and 3 respectively in the order dated 26.11.2007 were promoted to the post of Assistant Commissioner (Tax & Excise). The final seniority list of Superintendent (Tax & Excise) was published by order dated 23.12.2009, where the names of the respondent No.5 and the petitioner appeared at Sl. No. 4 and 8 respectively. It may be mentioned that the said list also contained the names of persons already promoted at Sl. No.1, 2, 3 and 5. Thereafter, by way of an Office Memorandum dated 15.10.2010, the Department of Personnel, Administrative Reforms & Training, Govt. of Arunachal Pradesh had introduced Post Based Roster in place of 100 Point Roster. Thereafter, vide notification dated 16.08.2012, issued under Article 16(4) of the Constitution of India, the Govt. of Arunachal Pradesh modified the previous notifications holding the field to provide that 80% of the posts/ services against promotional quota from Group 'B' to Group 'A' shall be reserved for Arunachal Pradesh Schedule Tribe (APST for short) candidates under the Govt. of Arunachal Pradesh with immediate effect. It is further projected that by an order dated 04.11.2005, published in the State Gazette, 3 (three) numbers of post of AC(TE) was sanctioned and created by the Govt. and later on, by another order dated 25.09.2017, another 6 (six) numbers of post of AC(TE) was sanctioned and created by the Govt. Thus, a total of 12 posts of AC(TE) came to exist in the Department of Tax & Excise, Govt. of Arunachal Pradesh. It is further projected that in supersession of the earlier order dated 26.11.2007, the serial numbers of the said 16 officers were recast by order dated 05.11.2015, and the names of the petitioner and the respondent No.5 now appeared at Sl. No. 7 and 10 respectively.