OISHY ERING Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Both the above writ petitions involve similar facts, grievances and point of law to be decided and as such both the writ petitions are heard together and proposed to be disposed of by this common judgment and order. In the first writ petition Dr. (Mrs.) Oishy Ering joined as Medical Officer (Allopathy) in the Arunachal Pradesh Health Service on 11.2.1991. She was, vide order dated 24.12.2003, given the first time bound promotion to Senior Medical Officer (Allopathy) with retrospective effect from 12.2.1999 on completion of 8 years of regular service in the Grade of Medical Officer. She claims that she was entitled to 2nd time bound promotion to the post of Senior Medical Officer (Selection Grade) (Allopathy) with effect from 13.2.2004 when she completed 5 years of regular service in the Grade of Senior Medical Officer but the DPC held on 18.6.2007 did not consider her case for second time bound promotion due to non-availability of vigilance clearance. Another DPC was held on 29.8.2008 in which sealed cover procedure was applied due to pendency of vigilance case. In the second writ petition Dr. Samarendra Nath Kundu joined as Medical Officer (Homeopathy) in the Arunachal Pradesh Health Service on 29.11.1984. He was given the first time bound promotion to Senior Medical Officer (Homeopathy) vide notification dated 12.6.2003 with retrospective effect from 30.11.1992 on completion of 8 years of regular service in the Grade of Medical Officer. He also claims that he was entitled to second time bound promotion to Senior Medical Officer (Selection Grade) (Homeopathy) w.e.f. 30.11.1997 having completed 5 years of regular service in the Grade of Senior Medical Officer but the DPC held on 18.6.2007 did not consider his case for second time bound promotion due to non-availability of vigilance clearance. In his case also sealed cover procedure was applied when another DPC was held on 29.8.2008 due to pendency of vigilance case against him. Both the petitioners are aggrieved by application of sealed cover procedure as it has resulted into denial of second time bound promotion to them. In the aforesaid facts and circumstances of the case, the petitioners have approached this Court for the following reliefs:-

(2.) I have heard Mr. P.K. Tiwari, learned counsel for the petitioners and Mr. K. Ete, learned Addl. Advocate General, Arunachal Pradesh for the State Respondents.

(3.) On perusal of the pleadings of the parties, I find that there is no dispute on the date of entry of the petitioners in their respective services and granting of 1st time bound promotion to the post of Senior Medical Officer. There is also no dispute that Arunachal Pradesh Health Service Rules, 2000 (hereinafter referred to as APHS Rules, 2000) came into effect vide notification dated 1.7.2001 and scheme for time bound promotion for different grades of Medical Officers giving retrospective effect from 16.4.1990 was introduced and under the said scheme a Medical Officer with 8 years of regular service in the Grade is entitled to 1st time bound promotion to Senior Medical Officer and thereafter second time bound promotion to the Senior Medical Officer (Selection Grade) on completion of 5 years regular service in the Grade of Senior Medical Officer has been provided. The Respondent State by a notification dated 2.6.2003 issued by the Special Secretary (Health and Family Welfare), under the APHS Rules, 2000, allowed 108 Medical Officers (Allopathy) the first time bound promotion excluding the petitioner Dr. (Mrs.) Oishy Ering. She contended that amongst the aforesaid 108 Medical Officers (Allopathy) who were granted the 1st time bound promotion as Senior Medical Officer (Allopathy), the officers from Sl. No. 57 to 108 were juniors to her in the Grade of Medical Officers and they completed 8 years of qualifying service for 1st time bound promotion w.e.f. 15.2.1999 whereas she completed the said 8 years of regular service in the Grade of Medical Officer on 12.2.1999 itself. On her approach the respondent authorities granted her first time bound promotion vide order dated 24.12.2003 fixing her pay in the scale of Senior Medical Officer at Rs. 10,000 - 325-15, 200/- per month w.e.f. 12.2.1999. Her grievance in the matter of granting of 1st time bound promotion was, thus, met. In respect of the petitioner Dr. Samarendra Nath Kundu, the 1st time bound promotion was granted along with 18 Medical Officers (Homeopathy) vide aforesaid notification dated 7.6.2003. So far it was fair to both the petitioners but the problem started when the 2nd time bound promotion to the post of Senior Medical Officer (Selection Grade) was denied to them.