ATIK MIYU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Challenging the legality, correctness and justification of the order dated 28.12.2000, issued by respondent No.l, namely, Commissioner & Secretary to the Govt. of Arunachal Pradesh, Public Works Department, Itanagar, according regular promotion to the respondent Nos. 4 and 5, namely Tamar Nalo, Assistant Engineer (Civil), PWD, Itanagar and Nyajum Padu, Assistant Engineer (Civil), PWD, Itanagar, with effect from 10.7.81 and 25.7.81 respectively, the petitioner has approached this Court seeking to get the order aforementioned quashed and to receive appropriate direction/s for maintaining original inter-se-seniority between the parties concerned.

(2.) Briefly stated, the facts giving rise.to this writ petition are as follows : The petitioner belongs to indigenous tribe of the State of Arunachal Pradesh. The petitioner, who holds a degree of Bachelor of Civil Engineering, was appointed as Assistant Engineer (Civil) in PWD department on 23.01.1991 and joined the said post on the said date. The petitioner was a directly recruited candidate by Arunachal Pradesh Public Service Commission and was recruited as per the existing rules, namely, "The Assistant Engineer (Civil) (Group-B) Recruitment Rules, 1991 (hereinafter referred to as "the Rules of 1991". As per the Rules of 1991, 50% of the total posts of Assistant Engineers are to be filled up by direct recruitment and the remaining 50% of the posts are to be filled up by promotion from Junior Engineers (Civil) of Arunachal Pradesh, Public Works Department, having 8(eight) years of regular service in the grade with minimum qualification of diploma in Civil Engineering. The Arunachal 'Pradesh Public Works Department published a final seniority list of Assistant Engineers (Civil) as on 1.3.99 and the name of the petitioner appeared at Serial No. 139 thereof. As the respondent Nos. 4 and 5 were not in the cadre of Assistant Engineer, the said list did not bear their names. Vide order No. SPWD- 057/2000-01, dated 28.12.2000, issued through the Commissioner & Secretary, PWD, Arunachal Pradesh, the Government regularised the ad-hoc promotion of few Junior Engineers including that o the respondent Nos. 4 and 5 in the post of Assistant Engineers under promotional quota, the date of regularisation of respondent Nos. 4 and 5 having been shown as on 10.7.89 and 25.7.89 respectively. The promotion, so accorded to the said two respondents aforementioned, has adversely affected the seniority position of the petitioner inasmuch as the petitioner was Assistant Engineers (Civil) as far back as on 23.1.91 i.e. the date on which the respondents were, under the Arunachal Pradesh Administration (Public Works Department) Group-B and Group- A Post Recruitment Rules, 1983 (hereinafter referred to as "the Rules of 1983") not eligible for being considered for such promotion.

(3.) I have carefully perused the entire record. I have heard Mr. C. Baruah, learned Senior Advocate appearing on behalf of the petitioner, and Mr. R.H. Nabam, learned Additional Senior Govt. Advocate, who has appeared on behalf of the respondents.