BENGIN MACK Vs. UNION OF INDIA

JUDGEMENT

(1.) THE short question that falls for our consideration in this writ appeal is whether the Child Development Project Officer (Group -B) Recruitment (Amendment) Rules, 2004 suffers from any vice and whether they are liable to be struck down on the ground that they are contrary to the guidelines issued by the Union of India.

(2.) IN order to consider that question, few relevant facts may have to be noticed. The writ appellant herein is at present working as Supervisor in the Social Welfare, Women and Child Development Department of the Government of Arunachal Pradesh. Her next promotion avenue is to the post of Child Development Project Officer (hereinafter referred to as 'CDPO') and her service conditions are regulated by the Rules called 'Child Development Project Officer (Group -B) Rules, 1995'. As per the Rules prior to the impugned amendment, the 50 per cent of the posts of CDPO are to be filled by direct recruitment and the remaining 50 per cent by promotion from amongst the officers of feeder category such as, Supervisor and Statistical Assistant, etc. By the impugned amendment brought vide Notification dated 9th January, 2004 as against 50 per cent of promotion quota 70 per cent posts have been reserved for Supervisors and remaining 30 per cent for the Statistical Assistants. The appellant is aggrieved by the impugned Rules under which 30 per cent quota is exclusively made available for consideration of the cases of the Statistical Assistants for their promotion as CDPO. The Rules, in all other respect remained to be the same prescribing a minimum of 8 years of service in substantive grade for both the feeder categories, which before the amendment was 7 years for both categories.

(3.) THE State of Arunachal Pradesh having considered the representations so made by the appellant and others took a view that there is no need to make any further amendment to the Rules and accordingly reiterated its view to provide and earmark specific quota for the Statistical Assistants of non -ministerial cadre on the basis of representations made by the Statistical Assistants.