KIRBA LOMI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) (i) Do the rules for transaction of business, framed under Article 166(3) of the Constitution of India, need to be followed and, if not followed, whether a decision would be illegal?

(2.) Aggrieved by the repeal of the 2007 Recruitment rules, by virtue of the 2008 Recruitment Rules, and cancellation of their promotions, which were officiating in nature, and reversion of the petitioners to the post of Senior Analyst and Junior Analyst, respectively, the petitioners have put to challenge the said action of the Government and have sought for, with the help of this writ petition, made under Article 226 of the Constitution of India, setting aside and quashing said the Committee's report, dated 06.08.2008, whereby cancellation of their officiating promotions to the post of Deputy Secretary and Under Secretary, respectively, were recommended. By the present writ petition, the petitioners have also sought for setting aside and quashing the order, dated 05.11.2008, whereby the 2007 Recruitment Rules were repealed and the petitioners were reverted to the posts of Senior Analyst and Junior Analyst, respectively, the petitioners' case being that the 2008 Recruitment Rules, whereby the 2007 Recruitment Rules were repealed, and also the cancellation of their officiating promotions are ultra vires and unconstitutional.

(3.) We have heard Mr. K. Jini, learned counsel for the appellants, and Dr. A.K. Saraf, learned Advocate General, Arunachal Pradesh, appearing on behalf of the State respondents.