JAMES MITUM BOJE Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) BY this writ petition, the petitioner is mainly demanding second Time Bound Promotion (hereinafter referred to as 'TBP', in short) with retrospective effect from January, 1995, subsistence allowances with effect from 28.08.1999 to 10.07.2001 for the period he was placed under suspension on the basis of salary of Senior Medical Officer(SG) and treatment of compulsory retirement with effect from 11.07.2001 to 14.10.2005 as under suspension and payment of subsistence allowance for the said period on the basis of his salary of Senior Medical Officer (SG). The basis of aforesaid demands is under the following facts and circumstances.

(2.) THE petitioner was initially appointed as Medical Officer under Government of India on 20.12.1985 and promoted to the post of Senior Medical Officer on 20.12.1989 under the Central Health Services (CHS), Government of India on 12.07.1993. He was absorbed in Arunachal Pradesh Health Service Cadre as Senior Medical Officer along with other similarly situated officers serving in Arunachal Pradesh under Central Health Services. At the time of such absorption, the service conditions of the officers of Arunachal Pradesh Health Service Cadre were governed by the "Arunachal Pradesh Health Service Rules, 1990". Under the said Rules, the Senior Medical Officer with 5 years of regular service in the grade was eligible for promotion to the post of Senior Medical Officer (SG) on the basis of seniority-cum-fitness under TBP scheme without linkage to vacancies. THE petitioner and other similarly situated Senior Medical Officers completed 5 years of regular service in the year 1995 and they became eligible for promotion to the post of Senior Medical Officers (SG) but the promotion could not be given to them as the ACRs of those officers for the years 1993-99 were not available. In fact, no ACRs were maintained till the year 1999 on account of official laches or negligence and no punitive measures were taken against them so as to deny second TBP to the petitioner and other similarly situated Senior Medical Officer (SG).

(3.) THE petitioner, by filing WP(C) No. 237 (AP) of 2003, challenged the aforesaid order dated 10.07.2001, by which punishment for compulsory retirement was imposed. While the said writ petition was pending disposal, the Government of Arunachal Pradesh by a common order dated 21.03.2005 gave second TBP as Senior Medical Officer (SG) to many Senior Medical Officers, some of whom were contemporary to the petitioner with effect from various retrospective dates between the month of January, 1995 to February, 1995 i.e. the dates on which the then Senior Medical Officers had completed 5 years of regular service in the grade without holding any DPC. THE petitioner has been deprived of the second TBP to the post of Senior Medical Officer (SG) although he became eligible for the same.