OBANG PANKAM & 3 OTHERS Vs. DOGO TARAK

JUDGEMENT

(1.) IN exercise of the power conferred by the proviso to Article 309 of the Constitution of India, Govt. of Arunachal Pradesh brought into force, with effect from 14.10.1999, certain amendments into the Assistant Inspector (Tax and Excise) Recruitment Rules, 1997, for certain posts, including the post of Assistant Inspector (Tax and Excise), the new Rules having been titled as Assistant Inspector (Tax and Excise) Recruitment Rules (Amendment), 1999, (in short, the 1999 Recruitment Rules) providing for, inter alia, recruitment to the posts of Assistant Inspector (Tax and Excise) by way of promotion to the extent of 110% of the sanctioned strength and the remaining 90% by direct recruitment on the basis of written test to be followed by viva -voce on the following subjects:

(2.) THE 1999 Recruitment Rules also made it clear that 10% recruitment to the post of Assistant Inspector (Tax and Excise), by way of promotion, will be from amongst the UDCs of the Department having five years of regular service in the grade in the case of general candidates and 3 years of regular service in the case of APST candidates failing which by way of transfer on deputation.

(3.) THE four appellants, in the present appeal, were, on 07.03.2007, appointed as Assistant Inspectors (Tax and Excise) Group -C in the Department of Tax and Excise, Govt. of Arunachal Pradesh, in the scale of Rs.4500 -125 -7000/ - per month, making it clear that their appointments shall be purely on officiating basis and that the same would not confer on them any right to claim regular appointments and that the Government reserved the right to terminate their services without assigning any reason therefor. However, on the basis of the recommendation of the DPC made on 23.11.2007, the Government regularized, vide its order, dated 26.11.2007, the officiating services of the appellants herein by 2granting one time relaxation of the qualification required by the 1999 Recruitment Rules.