OBI DAI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. M. Pertin, learned senior counsel, assisted by Mr. M. Pertin, learned counsel for the petitioners. Also heard Mr. R.H. Nabam, learned Additional Advocate General of the State, assisted by Ms. P. Pangu, learned Junior Government Advocate appearing for respondent nos. 1 to 5 and Mr. R. Saikia, learned counsel for the private respondent nos. 6 and 7.

(2.) By filing this writ petition under Article 226 of the Constitution of India, the 10 (ten) petitioners herein, claiming common cause of action, have assailed the recommendations made by the Departmental Promotion Committee (hereinafter referred to as 'DPC' for short) in its minutes dtd. 24/7/2012, to regularize the promotion made to the respondent nos. 6 and 7 from the post of Junior Engineer (Civil) [hereinafter referred to as 'JE(C)' for short] to the post of Assistant Engineer (Civil) [hereinafter referred to as 'AE(C)' for short] from the date of officiating promotion, i.e. 21/5/2005 and 31/8/2005 respectively. The petitioners have also prayed for issuance of a direction upon the respondent authorities to prepare a seniority list of AE(C) in the ratio of 50:50 (i.e. promotees and direct recruitees).

(3.) In this writ petition, it is projected that initially the Public Works Department was the only Engineering Department in the State of Arunachal Pradesh. Subsequently, Power as well as Electrical Department was bifurcated from the Public Works Department. Thereafter, in the year 2004, Power Department and the Electrical Department were bifurcated and the Power Department was renamed as Department of Hydro-Power Development (hereinafter referred to as 'DoHPD' for short). On 24/8/2006, the petitioners were selected and appointed as direct recruitees in the post of AE(C) in the DoHPD. It is projected that when DoHPD was created, no direct recruitment was held, but 16 (sixteen) AE(C) were appointed in the DoHPD on officiating promotions made in the year 1997. A DPC dtd. 23/7/2003 was held for promotion to the post of AE(C), and the minutes of the DPC was challenged by the aggrieved persons by filing W.P .(C) 238(AP)/2003 and W.A. 449/2005, which were subsequently withdrawn. Thus, the DPC held on 23/7/2003 was implemented and 9 (nine) nos. of JE(C) were promoted to the next higher post of AE (C). The provisional seniority list of AE(C) was published on 21/8/2007, wherein the names of the petitioners were at serial no. 23 to 32 respectively. Subsequently, by DPC minutes dtd. 24/7/2012, the names of the respondent nos. 6 and 7 were recommended for promotion to the post of AE(C) with retrospective effect from 21/5/2005 and 31/8/2005 respectively, which was implemented and the said actions of the State have been assailed in this writ petition.