SHRI DANI BELO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) We have heard Mr. P.K. Tiwari, learned Counsel, for the Appellant, and Ms. G. Deka, learned Additional Senior Government Advocate, for the Respondent Nos. 1 to 3. We have also heard Mr. P.D. Nair, learned Counsel, for the Respondent No. 4. BACKGROUND FACTS:

(2.) When the (Group B) General and Central Service (Law Officer-cum-Junior Draftsman Post) Recruitment Rules, 1979, (hereinafter referred to as 'the 1979 Rules') were in force, Respondent No. 4 herein, namely, Shri Hajulu Pulu, was, initially, appointed, without holding any selection process, as a Law Officer-cum-Junior Draftsman, in the Department of Law and Judicial, Government of Arunachal Pradesh, on contractual basis, on a consolidated pay of Rs. 9000/-, with effect from 23.05.2001. Thereafter, Respondent No. 4 was appointed as Law Officer on ad hoc basis, with effect from 27.12.2002, against a vacant sanctioned post by order, dated 27.12.2002, issued by the Chief Secretary to the Government of Arunachal Pradesh. This ad hoc appointment too was made without holding any selection process whatsoever.

(3.) In course of time, the 1979 Rules came to be substituted by the Law Officer-cum-Junior Draftsman Recruitment Rules, 2004, (hereinafter referred to as 'the 2004 Rules ') After the 2004 Rules came into force, the Arunachal Pradesh Public Service Commission (in short, 'the APPSC') carried out a recruitment process under the 2004 Rules and, having held a regular selection process, recommended the present Appellant, namely, Shri Dani Belo, for appointment as Law Officer-cum-Junior Draftsman leading to his regular appointment to the said post by order, dated 01.10.2005, issued by the Secretary, Law and Judicial, Government of Arunachal Pradesh. At the time, when the said regular recruitment process for appointment to the post of Law Officer-cum-Junior Draftsman was conducted by the APPSC, Respondent No. 4 chose not to participate in the regular selection process and he, thus, remained an ad hoc appointee against the sanctioned post of Law Officer without feeing any regular selection process; whereas the Appellant herein came to be appointed, on the basis of a regular selection process, as a Law Officer-cum-Junior Draftsman.