RIKBI TAIPODIA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. K. Dubey, learned counsel appearing for the petitioner. Also heard Ms. A. Mize, learned Addl. Senior Government advocate appearing for State respondent Nos. 1 and 2 and Mr. R. Sonar, learned counsel appearing for respondent No.3.

(2.) By preferring this writ petition under Art. 226 of the Constitution of India, the petitioner has challenged the legality and validity of order No. DoTCL/DIR/Estt-35/2016, dated 4.10.2016, issued by the respondent No. 1/Secretary, DoTCL, Government, of Arunachal Pradesh, Itanagar, whereby the private respondent No. 3, viz., Miss Ngunkam Lowang has been appointed to the post of Lower Division Clerk ('LDC'), temporarily on officiating basis, in the Department of Tirap, Changlang and Longding ('DoTCL') Affairs, Government, of Arunachal Pradesh, Itanagar.

(3.) The case of the petitioner, in a nutshell, is that the petitioner was engaged as Skilled Contingency (Computer Operator) on temporary basis in the Department of DoTCL Affairs, Government, of Arunachal Pradesh, Itanagar vide appointment order No. DoTC/DIR/Estt-2/4-5, dated 27.12.2006 and since then she has been working in the said Department for the last 10 years without interruption. During the aforesaid continuous period of service, the petitioner being eligible, having necessary qualifications and senior-most Skilled Contingency employee of the department approached the respondent-authority by filing representations on a number of occasions for regularization of her service, but not responded. The Chief Minister of Arunachal Pradesh recommended for her appointment as LDC on contract basis against the existing vacancy, as per recommendation of the parliamentary Secretary, after observing codal formalities but the aforesaid recommendation has not been complied with. Lastly, on 26.10.2016 also the petitioner submitted another representation for her appointment in the vacant post of LDC, however, her representation was also not considered and in the meantime, the petitioner has come to know that the private respondent No. 3, namely, Ms. Ngunkam Lowang has been appointed temporarily as LDC on officiating basis on approval of the Minister, DoTCL in violation of the recruitment procedure prescribed in the General Arunachal Pradesh Group "C" (Ministerial) Common Recruitment Rules, 2008.