AMAR SINGH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, learned Counsel for the Appellants, and Mr. P. Taffo, learned Standing Counsel for Respondent Nos. 1 and 2. Also heard Mr. N. Taje, learned Counsel for Respondent Nos. 3 and 4.

(2.) An order, dated 16.4.2007, was published by the Public Works Department, Govt. of Arunachal Pradesh, directing encadrement of 10 posts of Junior Engineer of Public Works Department with the Department of Urban Department and Housing. Govt. of Arunachal Pradesh, on rotational basis for a period of three years. Following the publication of the order, dated 16.6.2007, aforementioned, another office order was made, on 28.11.2007, by the Public Works Department, Govt. of Arunachal Pradesh, whereby the present Appellants and the private Respondents, namely, Respondent Nos. 3 and 4 herein, were transferred, on encadrement basis, for a period of three years, to the Urban Development Department, Govt. of Arunachal Pradesh. Pursuant to the office order, dated 28.11.2007, the Appellants as well as the private Respondents joined their posts of Junior Engineer in the Urban Development Department, Govt. of Arunachal Pradesh. While the Appellants and the private Respondents were so serving in the Urban Development Department, an order was made, on 26.8.2009, by the Urban Development Department, Govt. of Arunachal Pradesh, permanently absorbing the private Respondents, namely, Nich Jacob (Respondent No. 3) and Tai Sangkio (Respondent No. 4), in the Department of Urban Development on the basis of no objection certificates obtained from the authority concerned to the permanent absorption of the private Respondents in the Department of Urban Development as Assistant Urban Programme Officer (AUPO).

(3.) On the absorption of the private Respondents, the Appellants, too, made representations seeking their absorption in the Urban Development Department and, in this regard, the Public Works Department issued to them (Appellants) too requisite no objection certificates to the Appellants' absorption in the Urban Development Department. Without, however, considering the cases of the Appellants for absorption, an order was made, on 14.5.2010, repatriating the Appellants to their parent department, namely, Public Works Department.