TSERING DOKA Vs. STATE OF ARUNACHAL PRDESH

JUDGEMENT

(1.) The issue raised in this writ appeal is in respect of seniority between two sets of employees who entered into the service through the same very of selection. While it has been agreed by both the parties that seniority is normally required to be determined on the basis of the merit positions obtained in the regular selection, but it is the contentions of the appellants that having regard to the facts and circumstances peculiar to the instant case, the learned Single Judge was wrong in holding that the respondents No. 6 to 11 would rank senior to the appellants on the basis of their respective merit positions in the regular selection.

(2.) The facts are not in dispute, but it is the principle on basis of which the seniority between the two groups is required to be determined. The Government of Arunachal Pradesh in the Department of Rural Development, inviting applications for the posts of Assistant Project Officer (APO), issued an advertisement on 10.12.92. In response to the same appellants as well as the respondents alongwith others offered their candidature. The selection was comprised of written test and interview and in the final selection, the respondents occupied higher merit positions than the appellants. It will be pertinent to mention here that the respondents at the time of their selection and appointments were serving in the Eduction Department of the Government as Assistant Teachers and they applied for the posts of APO through preper channel.

(3.) While the appellants were appointed as APO as direct recruits, he respondents were appointed as deputationist initially for a period of three years, which was extended from time to time. Eventually the respondents were absorbed in the department by order dated 23.3.99. Be it stated here that the respondents were released from their erstwhile Department to join the post of APO maintaining their lien in the parent Department.