NABAM ANA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) <DJG>RUMI KUMARI PHUKAN,J.</DJG>- 1.Heard Mr. N. Nibo, learned counsel for the petitioners and Ms. N. Danggen, learned counsel appearing for respondent nos. 1 to 12 and Mr S.Tashik, learned counsel appearing for respondent nos. 13 and 14 and Ms. N. Danggen, learned counsel, appearing for respondent nos. 15 to 18.

(2.) The four petitioners herein working as contingent /casual workers in the office of Principal Chief Conservator of Forest (PCCF), Itanagar, Divisional Forest Office, (DFO), Social Forestry Division, Itanagar and Range Forest Officer, (RFO), Social Forestry Division, Naharlagun under the Department of Forest and Environment., Govt. of Arunachal Pradesh. Grievance raised by the petitioners herein is that they are deprived of their regularisation of service by the respondent authorities. It is submitted that the Department of Forest and Environment, Govt. of Arunachal Pradesh have 35 number of vacancies of Group D post and all Arunachal Pradesh Workers Union has submitted a representation on 9.10.2012 for appointment of casual/contingent workers on regular/adhoc basis who have attained the service of 10 to 15 years to avoid random appointments, similar appointment of contingent workers that has been given to one Smti Ruhi Taru Yatung.

(3.) As per the recruitment rules of Group D post vide gazette notification dated 6.11.08, an amendment recruitment rules 17.09.2010 and 27.01.2011, such Group D Post are to be filled up from 25% of the casual workers who have been working in the Department for more than 20 years and 75% of the post will be filled up through Direct Recruitment on the basis of examination on the subject English, General Knowledge, Mathematics and viva voce. It is submitted that as per information obtained through RTI, there are 33 posts of vacancies, out of which 8 persons were appointed without any interview under 25% of reserved category and now the respondent authorities without having any appropriate law processed for regular appointment of casual/contingent workers of the Department showing only 26 vacant posts from the 33 numbers existing vacancy in the department and formulated the process of appointment for the Group D post by adopting the principal recruitment rules 2008 where the educational qualification for the Group D post is class V pass. It has been contended that the aforesaid posts were meant for 75% quota for direct recruitment, as reservation quota of 25% has already been filled up from the contingency/casual workers. Thus it is alleged that the respondent authorities illegally has allotted as many as 19 posts to be filled up with relaxation of educational qualification (Class-V pass), on the seniority cum merit basis without conducting interview amongst the departmental workers including the contractual/contingent staff from among APST, which is meant for 75% quota to be filled up through direct recruitment. The respondent authorities initiated and conducted DPC and made appointment for all the private respondents numbering 13 to 18 without going for direct recruitment of remaining 75% of vacant posts, whereas the petitioners are eligible for appearing interview for the post of Group D as per Recruitment Rule 2008 under the Department of Forest and Environment., Govt. of Arunachal Pradesh. Such an exercise on the part of the respondent authorities is without any authority of law and has resulted deprivation of petitioners equal opportunity in the matter of public employment. The petitioners have prayed for recalling all the orders for appointment of the private respondents of Group D posts. All the relevant rules and notifications pertaining to 2008, 2010 and 2011 and other connected papers have been annexed.