NOEL PRAKASH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) COMMON questions of law on the basis of almost similar facts, as projected in this batch of writ petitions, having arisen for determination and adjudication on the prayer of the learned counsel for the parties, all the writ petitions are heard analogously and disposed of by this common judgment.

(2.) WP (C) No. 298 (AP) 2005, WP (C) No. 257 (AP) 2005 and WP (C) No. 9 (AP) 2005, have been filed challenging the seniority of the respondent No. 4, Sri M. Ngomdir to the cadre of Executive Engineer and the relaxation given to him by the respondent authority relaxing his qualifying period of service that are necessary for the purpose of promotion to the next higher grade counting his ad hoc period of service as Assistant Engineer. The petitioner has also challenged the subsequent promotion of the respondent No. 4 to the rank of Superintending Engineer dated 1. 12. 2003 and his regularization with effect from 14. 3. 97 as Executive Engineer issued vide order dated 23. 10. 2003.

(3.) NECESSARY facts as disclosed from the pleadings of the parties, those are necessary to be stated for the purpose of disposal of this batch of writ petitions are summarized below. The petitioner was appointed as Assistant Engineer in the Rural Works Department, Government of Arunachal Pradesh, vide order dated 6. 11. 1981 on temporary basis with effect from 28. 9. 1981. The aforesaid appointment was made after holding necessary DPC, inasmuch as, the State Public Service Commission was not set up at the relevant time. The appointment of the petitioner to the said post was on regular basis. On 25. 8. 84, Sri G. Ete was appointed as Assistant Engineer in the department on ad hoc basis and his service was regularized with effect from 23. 10. 86. Similarly, Sri M. Ngomdir was appointed on ad hoc basis as Assistant Engineer in the department vide order dated 7. 3. 89 and subsequently vide order dated 19. 10. 90 Sri M. Ngomdir was appointed afresh on regular basis as Assistant Engineer. In the like manner Sri L. Ango was appointed as Assistant Engineer vide order dated 19. 10. 90 who joined in his service on 5. 11. 90 on regular basis, Sri G. Ete was appointed as Assistant Engineer on 25. 8. 84 and thereafter by holding regular DPC he was appointed on regular basis on 23. 10. 86.