PUNYO TANGU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Grayu, learned counsel for the petitioner and Mr. B.L. Singh for the respondents.

(2.) The petitioner was appointed in October 1995 as Junior Engineer under the Rural Works Department, Govt. of Arunachal Pradesh along with other candidates including the respondents 3 and 4 in this petition. The petitioner is BE passed whereas the respondents 3 and 4 are Diploma holders. However by order dated 30.3.01,13 Junior Engineers were promoted to the post of Assistant Engineer in the Department including the respondents 3 and 4. The petitioner was not promoted by the said promotion order dated 30.3.01 therefore, the petitioner being aggrieved by this order has approached this court by this petition.

(3.) The case of the petitioner is that he possesses the BE degree and the respondents 3 and 4 are Diploma holders. According to the Service Rules the qualifying length of service to the post of Assistant Engineer from the post ofJunior Engineer is 8 years for the Diploma holders and 5 years for the Degree holders. According to the petitioner, the respondents 3 and 4 have not completed the qualifying 8 years to make them eligible to fonward their names for selection. However, their names were forwarded to the DPC inspite of the fact that they have not completed their qualifying length of service as Junior Engineer. On the other hand, the petitioner has completed 5 years of service as Junior Engineer and he deserves to be promoted to the next higher post of Assistant Engineer. It is also the contention of the petitioner that when there are officers possessing the qualifying length of service the case of the respondents 3 and 4 should not be forwarded to the DPC for consideration as they are not in the zone for promotion. By forwarding the names of the respondents 3 and 4 for consideration the requirement of the Recruitment Rules has been violated.