PUNYO TANGU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) This writ appeal is directed against the judgment and order dated 06.12.2012 passed in WP(C) No. 115(AP)/2001. The present appellant was the writ petitioner therein and his writ petition challenging the promotion of the private respondents i.e. respondent Nos. 3 and 4 to the post of Assistant Engineer pursuant to the recommendation of the Departmental Promotion Committee (DPC) that was held in 2001 having been turned down, he has filed the instant appeal. The only ground on which the appellant has preferred this appeal against the said judgment and order, is that by the time the Departmental Promotion Committee(DPC) was convened for consideration of the case of the incumbents within the zone of consideration for promotion to the post of Assistant Engineer, the said two private respondents were not eligible, as regards the length of service in the feeder cadre i.e. Junior Engineer and consequently in the garb of extending relaxation they could not have been brought to the zone of consideration so as to be considered with the eventual recommendation for promotion to the post of Assistant Engineer. The case has a chequered history. The appellant had earlier approached this Court challenging the impugned promotion of the private respondents by filing WP(C) No. 115(AP)/2001. The writ petition was allowed by judgment and order dated 23.03.2004 setting aside the promotion of the private respondents and directing the official respondents to consider the case of the petitioner. Be it stated here that pursuant to the Departmental Promotion Committee (DPC) that was held in 2001, the private respondents had been promoted to the post of Assistant Engineer vide order dated 30.03.2001.

(2.) Pursuant to the aforesaid judgment and order, the appellant was promoted to the post of Assistant Engineer in 2004 and to be precise w.e.f. 19.07.2004 and notionally with effect from 30.03.2001, the date on which the private respondents had been promoted. The aforesaid judgment and order was put to challenge by the private respondents by filing a writ appeal being WA 08 (AP)/2007, which was disposed of by order dated 25.04.2011 by remanding the matter back to the learned Single Judge and while doing so, the earlier judgment and order dated 23.03.2004 was set aside. The Division Bench by its order dated 25.04.2011 while remanding the matter back to the learned Single Judge also referred to the earlier services of the private respondents which they had rendered as Technical Assistant, upon abolition of which they were re-designated as Junior Engineer.

(3.) It will be appropriate at this stage to refer to the relevant Recruitment Rules, namely, the Assistant Engineer (Civil), Group 'B' Recruitment Rules, 1997 which was promulgated vide notification dated 21.04.1997. It was subsequently amended vide notification dated 24.10.1997. As per the said rules, promotion to the post of Assistant Engineer is to be made 50% by direct recruitment and 50% by promotion from amongst the Junior Engineers of the department within 8(eight) years regular service. There is also provision for consideration of the case of those incumbents who has 3 (three) years regular service in the cadre of Technical Assistant, which was subsequently abolished and re-designated as Junior Engineer. So far as the length of service is concerned, it was provided that the incumbent will have to have eight years of regular service in the feeder cadre. However, by subsequent amendment, notified on 24.10.1997, it was provided that the eight years experience will be applicable for diploma holder JEs and in respect of Engineering graduate JEs, the required experience in the feeder cadre will be 5 (five) years.