JAYA JAWAL SINGH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) I have heard Mr. P.K. Tiwari, learned counsel for the writ petitioner, and Ms. G. Deka, learned Additional Senior Government Advocate, appearing for respondent Nos. 1 to 3. I have also heard Mr. M. Pertin, learned counsel for respondent No. 4, and Mr. N. Tapin, learned counsel for respondent No. 5. This writ petition, made under Article 226 of the Constitution of India, is, in a way, third round of litigation involving the question of promotion of the respondent No. 4 vis-avis claim for promotion made by the petitioner herein, the promotional post involved, in the present case, being that of Joint Director, Integrated Child Development Scheme (commonly called TCDS').

(2.) In order to correctly appreciate the reason, which impelled the present petitioner to make this writ petition, certain material facts may, first, be noted as under:

(3.) While considering the present writ petition, it needs to be carefully noted that the DPC, on 15.09.2008, considered the case of only respondent No. 4, who had been officiating, at that point of time, when this Court had not interfered with the notional promotion given, w.e.f. 08.09.1994, to respondent No. 4 in the post of Deputy Director, ICDS. No wonder, therefore, that in order to consider regular promotion to the post of Joint Director, ICDS, the case of the respondent No. 4 only was considered ignoring the fact that since the post of Joint Director, ICDS, was a post, meant for filling up by way of selection/direct recruitment, all persons, who were eligible and had fallen within the zone of consideration, including the present petitioner, ought to be considered. The relevant portion of the minutes of the DPC, held on 15.09.2008, in question, read as under: