DINA NATH UPADHYAY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. Usha Das, learned counsel for the petitioners. Also heard Mr. R.H. Nabam, learned Additional Advocate General, Arunachal Pradesh, appearing for the state respondents.

(2.) The brief factual matrix of the case is that the petitioners, numbering 22 in total, were all appointed as Village Level Workers (VLW for short) (senior) in the Department of Agriculture, Government of Arunachal Pradesh, on different dates, during the period from 1984 - 1985. The recruitment of the petitioners were made in terms of the "Arunachal Pradesh Recruitment Rules of 1973 for the post of VLW (senior)" framed under the proviso to Art. 309 of the Constitution of India. Subsequently, the post of Village Level Workers (senior) was re-designated as Agriculture Field Assistant(senior) [AFA (sr.) for short].

(3.) The case of the petitioners is that the next higher grade in the department is the grade of Agriculture Inspector/Farm Manager Class-III/Technical Assistant, which posts are required to be filled up 75% by direct recruitment and 25% by promoting matriculates trained in agriculture serving as VLW (sr.) having 5 (five) years of experience on the basis of seniority-cum-merit. According to the petitioners, at the time of their recruitment, the educational qualification for appointment to the post of VLW (sr.) for APSC/ST candidates was matriculate and those in the General Category was class XII / ISC (Agri) pass and therefore, as per the "Arunachal Pradesh Recruitment Ru/es of 1973 for the post of Agriculture Inspector/Farm Manager Class-III/Tech. Assistant (Agriculture Soil Conservation)/Horticulture Inspector; [ for short "Rules of 1973 7 the promotional avenues against 25% promotee quota was available to the petitioners. However, by framing " The Rules, 2005; the Government has inserted Rule 11 Sub-Rule (ii) by means of which a degree in B. Sc. (Agri) from a recognised University has been made the essential qualification for the AFA ( sr.) for being considered for promotion to the post of Agriculture Inspector, which post has now been re-designated as Agriculture Development Officer (for short ADO). That apart, under the Rules of 2005, the 25% promotional quota has also been reduced to 20%, thereby further diminishing the scope of promotion for the petitioners.