SHRI WETELUM YUN Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THE writ petitioner is challenging the recommendation of the private respondent Nos. 4 and 5 by the DPC for their promotion to the rank of Assistant Engineer (A.E) in the Rural Works Department (RWD), Govt. of Arunachal Pradesh and also the order dated 31.03.2010 issued by the Commissioner (RWD) regularising the officiating promotion of the aforesaid private respondents pursuant to the DPC recommendation.

(2.) HEARD Mr. K. Ete, learned counsel for the petitioner as well as Ms. G. Deka, learned Additional senior Government Advocate for State respondent Nos. 1, 2 and 3. Also heard Mr. K. Jini, learned counsel for the private respondent Nos. 4 and 5.

(3.) THE promotion to the post of A.E. in R.W.D.is governed by the rules called, "THE Recruitment to the Posts of Assistant Engineer Rules, 2005 (in short, the Rules of 2005). As per the said Rules, the vacancy should be filled up by way of promotion and direct recruitment in equal ratio of 50:50. Clause 12 of the aforesaid Rules of 2005 lays down the procedure as to how the seniority should be counted for the purpose of promotion. Clause 12 of the said Rules is reproduced hereinbelow for ready reference: