STATE OF ARUNACHAL PRADESH Vs. MD MUSLIM MIAYA

JUDGEMENT

(1.) At the very outset it may be mentioned that the three appeals have arisen out of the three connected Civil Rules which had been decided by the learned Single Judge by following the leading judgment given in Civil Rule No. 2317 of 1988 on 16.3.94. The learned counsel for the parties have made a statement before us that except dates, the facts and the questions of law involved in all the three appeals are exactly the same and have addressed only one argument in all these three connected Writ Appeals and for these reasons, the aforesaid three appeals are disposed of by a common judgment.

(2.) The brief facts for the purpose of adjudication of the controversy raised in the three connected appeals are that the three petitioners/respondents in the three Civil Rules out of which are present three connected Writ Appeals have arisen were initially appointed as Constables in the Police Administrative Department of the State of Arunachal Pradesh. Thereafter, they were attached to the "Fire Service Wing" tin the Police Administrative Department of the State of Arunachal Pradesh. For the purpose of setting out the facts precisely, the dates applicable to the petitioner, Shri Ram Chandra Mishra, in Civil Rule No. 2317/88 are being mentioned. Shri Ram Chandra Mishra was appointed as a Constable on 20.1.79 and was attached to the "Fire Service Wing" in the Police Administrative Department of the State of Arunachal Pradesh on 8.9.80. On 24.12.80, Me was sent for undergoing training for the post of Sub-Fire Officer for one year and after successful completion of the training on 26.12.81, he was made the In-Charge of Along Fire Station on 2.4.82. It has not been disputed that since then he has been working in the Fire Service Wing of the Police Administrative Department of the State of Arunachal Pradesh. On 17.6.88, options were asked from the persons who were working in the Fire Service Wing of the Police Administrative Department of the State of Arunachal Pradesh as to whether they would like to be absorbed in the aforesaid Wing and the petitioner, Shri Ram Chandra Mishra, and the other two petitioners gave their option for being absorbed in the aforesaid Fire Service Wing. On 23.6.88, Shri Ram Chandra Mishra was promoted as Leading Fireman in the Fire Service Wing of the Police Administrative Department of the; State of Arunachal Pradesh.

(3.) For the purpose of determining the controversy it will also be useful to notice the hierarchy of posts which exist in the Fire Service Wing of the Police Administrative Department in the: State of Arunachal Pradesh. Admittedly, at the lowest rung is the post of Fireman, thereafter the Leading Fireman, Sub-Officer and then Station Officer who is In-Charge of the Fire Service Station.