LAWS(GAU)-2021-3-119

ASHOK GIRI MAHATO Vs. STATE OF ARUNACHAL PRADESH

Decided On March 25, 2021
Ashok Giri Mahato Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. Binter Picha, learned counsel for the petitioners. Also heard Mr. Lissing Perme, learned standing counsel, Department of Power, Government of Arunachal Pradesh, appearing on behalf of Respondents No. 1 to 5; and Mr. Dicky Panging, learned counsel, appearing on behalf of private respondents No. 6 to 13.

(2.) The writ petitioners, altogether 93 in numbers, who are stated to be casual employees serving under various Sub-Divisions in different disciplines under the establishment of the Executive Engineer(E), Yingkiong Electrical Division, Department of Power, have filed this writ petition under Article 226 of the Constitution of India, challenging the appointment of private respondents No. 6, 7, 8 & 10 as Meter Reader W/C employees and private respondents No. 9, 11 & 12 as Computer Operator W/C employees, on the ground that the appointment of the aforesaid private respondents, as W/C employees, have been made without conducting a trade test or if at all such a trade test was held, without affording the petitioners an opportunity to participate in such trade test. The petitioners, stated to be serving as casual employees in different disciplines, having been appointed on different dates, in order of seniority, which have been highlighted in Paragraph No. 7 of the writ petition, are quoted hereunder, for ready reference:

(3.) Mr. Picha, learned counsel for the petitioners, submits that the trade test held by the respondent authorities, as indicated in their affidavit-in-opposition, has not been done in accordance with the Notification, dated 01.11.1996, and Regulatory Scheme, dated 09.12.2004, governing the method of recruitment/filling up of W/C employees in the Department of Power. Mr. Picha, learned counsel, by referring to the Regulatory Scheme, dated 9.12.2004, contends that 30% of the promotional quota of W/C employees of each Division, is required to be filled-up, by a Trade Test Board, headed by the Executive Engineer with two Assistant Engineers, as members, on merit-cum-seniority basis as per the procedures already described under paragraphs No. 4 to 14 in the Notification/Memorandum, dated 1st November, 1996, by drawing the seniority list.