KAGO BATH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) In this writ petition, under Article 226 of the Constitution of India, the petitioners, namely-Shri Kago Bath and Shri Tarik Nyitan, who are presently serving in Industries Department as Asstt. Director of Industries, have put to challenge the decision of the respondent authorities, to conduct Departmental Promotion Committee meeting on 30/8/2021, for filling up two posts of Deputy Director of Industries in Industries Department from amongst the serving officers of Skill Development and Entrepreneurship Department, which has already been bifurcated, vide Order dtd. 17/6/2016, and also maintaining of one seniority list, by the respondent authorities of the officers serving in the department of Industries and in the new department of Skill Development and Entrepreneurship, even after bifurcation.

(2.) The factual background leading to filing of this writ petition is adumbrated herein below:-

(3.) The respondent authorities entered appearance through their respective counsel and submitted affidavit-in-opposition denying the averments made in the petition by the writ petitioners. It is stated that vide order dtd. 24/2/2020, the respondent Nos. 4 to 7 were sought to be transferred from the Department of Industries to the newly created department to Skill Development and Entrepreneurship. Thereafter, one Shri Bulo Apa, the then ADI, being aggrieved by the cancellation of his candidature from being transferred to the department of Skill Development and Entrepreneurship, has preferred one writ petition, being WP (C) 152 (AP) 2020, before this Court challenging the legality of the transfer order, dtd. 24/2/2020, and in the said case, this Court was pleased to grant stay of the transfer order, dtd. 24/2/2020, and as such, the private respondent Nos. 4 to 7 are continuing and discharging their duties in the Department of Industries as ADI and drawing their salaries from the parent Department. It is also stated that since no fresh appointment of ADI's has been made, the respondent Nos. 4, 5, 6 and 7 who are serving in the Skill Development and Entrepreneurship Department, prior to bifurcation, are being engaged there on interim arrangement basis. It is also stated that since the transfer order, dtd. 24/2/2020, is stayed by this Court, the private respondents have not yet been released from the Industries Department, and consequently, serving in the Department of Industries, and their service books are being maintained by the Department of Industries and they are also drawing their salaries from the same Department and still they are officers of the Department of Industries and as such, seniority list of the private respondents are still being maintained in the Industries Department and the said list maintained by the Industries Department is just and proper and as such, the writ petition is not at all maintainable and is liable to be dismissed.