TAJUK CHARU Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Jakir Hussain, learned counsel for the Petitioner. Also heard Mr. Kardak Ete, learned Sr. counsel & Addl. Advocate General, assisted by Ms. Geeta Deka, learned Addl. Sr. Govt. Advocate, appearing for the State Respondents No. 2 & 3; Mr. Sanjay Kr. Medhi, learned counsel, with Mr. Arnav Das and Mr. Abhai Kr. Singh, learned counsels, for private Respondent No. 4 and Mr. Ninnong Ratan, learned counsel for Respondents No. 5, 6 and 7. However, there is no representation on behalf of the Respondents No. 1 and 8, Union of India, though name of CGC has been reflected in the cause list. Mr. Ete, learned Addl. Advocate General, Arunachal Pradesh, has submitted that as per the communication received from the Union Public Service Commission [UPSC, in short], the Selection Committee meeting, connected with the instant writ proceeding, is scheduled on 12.09.2014 and he also brought to the notice of this Court, the order dated 28.08.2014. Mr. Ete, submitted that there is an urgency in the matter and as the parties have already exchanged their affidavits in the matter, he, thus, prayed before the Court, to take-up the matter finally. In this regard, learned counsels for the Petitioner, private Respondent No. 4 and the Respondents No. 5, 6 & 7, also expressed their consent and agreed that the matter be heard finally at the admission stage itself. In this writ petition, only the notice has been issued to the parties concerned and the matter is yet to be admitted. However, considering the urgency in the matter and as the contesting parties have mutually agreed, the Court accepting the request of the parties concerned, has taken-up this matter for final consideration.

(2.) The Government of India, in the Department of Training, Ministry of Personnel, Public Grievances & Pensions, New Delhi, vide letter under D.O. No. 14015/52/2013 AIS [I] dated 07.12.2013, requested the Chief Secretaries of all the State Governments to provide with the information for determination of number of vacancies in the Promotion Quota of IAS, both in State Civil Services [SCS, in short] and Non-State Civil Services [Non-SCS, in short] categories; also informing that for promotion quota of IAS from Non-SCS category, it is desirable that for every one vacancy expected to be determined, names of 5 [five] officers serving in connection with the affairs of the State and not belonging to State Civil Service, are sent and further informed that same shall be furnished as per proforma enclosed with the certificates latest by 15th January, 2014 [Annexure-A to the writ petition].

(3.) Pursuant to the same, the State Government in the Personnel Department, Arunachal Pradesh, vide communication dated 28.01.2014, informed all the Commissioners and Secretaries of the State at Itanagar, to forward the names of the officers who are less than 54 years of age and have outstanding APAR [Annual Personnel Appraisal Report] for the last 8 [eight] years in the Grade of Group 'A' under their Control with their complete bio-data, with age proof, tribe certificate, respective seniority list, to the said Department within 10th February, 2014, to enable the State Government to make decision for recommending the name of the officers for promotion to IAS against Non-SCS promotion quota [Annexure-B to the writ petition].