TAYI JERAM Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This appeal has been preferred against order of learned Single Judge dismissing the writ petition of the appellant challenging proceedings of Review DPC held on 21.12.2009 and consequential order of promotion dated 11.1.2010, promoting respondent No.5 to the post of Controller, Legal Metrology and Consumer Affairs (LM and CA) in Govt of Arunachal Pradesh.

(2.) The appellant is employed as Deputy Controller, Legal Metrology and Consumer Affairs. He was a claimant for promotion to the post of Consumer, Legal Metrology and Consumer Affairs along with respondent No.5. The promotion is governed by the Recruitment Rules to the Posts of Controller General Arunachal Civil Services Group (A) Rules, 2001. As per column 12 of the Schedule to the Rules, a Deputy Controller having five years qualifying service and qualified as per column 9 could be promoted to the post. As per column 5, the post was 'selection-cum-seniority' post and selection was by 'merit'.

(3.) DPC was held on 4.7.2007 and recommendation was made in favour of the respondent No.5. Accordingly, respondent No.5 was given promotion. Aggrieved thereby, the appellant filed Writ Petition No.350 (AP) of 2007 submitting that proper procedure for recording of ACRs had not been followed and, thus, higher grading given to respondent No.5 in the ACRs was illegal.