TUMBA INGO Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) CHALLENGE in this writ petition is made against the order dated 25.08.2009 issued by the Secretary, Public Health Engineering & Water Supply Department (for short 'PHE & WSD') whereby and whereunder respondent No.2, Kasu Borang and respondent No.3, Mayan Kino were appointed to officiate as Assistant Engineer/Assistant Surveyor of Works (for short 'AE/ASW') on ad hoc basis in the scale of pay band of Rs.15,600 -19,000 + GP Rs.4,500/ - per month plus other allowances as admissible under Rules from time to time with effect from the date of taking over of charges at the place of posting and by another order dated 25.08.2009 issued by the Secretary PHE & WSD, respondent No.4, Bomjom Ado, respondent No.5, Bhupen Khamyang and respondent No. 6, Sengam Taknyo were allowed to hold the charge of AE/ASW on functional basis in the PHE & WSD in the scale of their own pay grade as Junior Engineer (for short 'JE') as admissible under the Rules from time to time with effect from the date of taking over of charge at the place of posting.

(2.) HEARD Mr. M Pertin, learned counsel appearing for the petitioners. Also heard Ms. G Deka, learned Addl. Senior Govt. Advocate, Arunachal Pradesh appearing for respondent No.1, Mr. D Panging, learned counsel appearing for respondent Nos.2 and 3 and Mr. P Taffo, learned counsel appearing for respondent Nos.4 to 6.

(3.) FROM the pleaded facts of the contesting parties only one point has emerged for adjudication as to whether the appointment order on ad hoc basis made in favour of the respondent Nos. 2 and 3 and the order allowing to hold charge as AE/ASW made in favour of respondent Nos.4, 5 and 6 were made against the vacancies occurred before 13.08.2008 i.e. the date prior to the amendment of Recruitment Rules, 2005 (for short 'RR 2005'). In RR 2005, there was difference in eligibility criteria in case of promotion from the feeder cadre of JEs to AEs which is quoted hereunder for better appreciation of the case: -