ASHAM BORANG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. M. Pertin, learned counsel for the petitioner. Also heard Mr. R. H. Nabam, learned Senior Government Advocate for all the respondents.

(2.) AT the very outset, it is submitted by Mr. Nabam, learned Senior Government Advocate that inspite of several correspondences made by his office, he did not receive any instructions from the concerned authorities, particularly, respondent No. 3 viz. Principal Chief Conservator of Forests and Principal Secretary(Environment & Forests), Government of Arunachal Pradesh, and as a result, no response could be filed in this matter, till date.

(3.) THERE is no dispute on the adoption of 5 th CPC recommendations by issuing appropriate notification by the State Government. The date from which the financial benefits of 5 th CPC is to be given i.e. 01.01.1996 is also not in dispute but in respect of benefit to be given to the Scientists of various grades, from the documents placed before this court particularly O.M. dated 09.11.1998(Annexire-2 to the writ petition), the Government of India issued necessary instructions/guidelines in respect of FCS for Scientists in various Scientific departments. The aforesaid O.M. contains Annexure-1 to it, providing criteria for identifying the institutions/organizations as Scientific and Technical institutions and also definitions of activities and services of Scientists and Engineers and scientific posts including academic qualifications and also the eligibility criteria for promotion under FCS. According to the said Anenxure, the officers who satisfy the minimum residency period linked to their performance as indicated in the table furnished in the said Annexure-2, are required to be screened for promotion on the basis of ACRs.