KIPA AMAH Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Dicky Panging, learned counsel, appearing on behalf of the writ petitioners. Also heard Mr. Kardak Ete, learned Senior Addl. Advocate General, Arunachal Pradesh, assisted by Ms. Tsering Wangmu, learned Government Advocate, on behalf of the State Respondents. Mr. Khoda Tama, learned counsel, appearing on behalf of private Respondent No. 4 is also heard.

(2.) This is a writ petition under Article 226 of the Constitution of India, challenging the impugned order, dated 02.12.2016, issued by the Secretary(Urban Development and Housing), Government of Arunachal Pradesh, whereby the Respondent No. 4, who is a Junior Engineer in Public Works Department, Government of Arunachal Pradesh, was brought into the Department of Urban Development and Housing, Government of Arunachal Pradesh, as Urban Programme Officer(for short, UPO) which is equivalent to the post of Assistant Engineer, on deputation basis. At the same time, repatriation of the respondent No. 4 has also been prayed for.

(3.) The case of the petitioners, in brief, is that pursuant to a selection process, they were appointed as Assistant Urban Programme Officer (AUPO, for short) in the Department of Urban Development and Housing, Government of Arunachal Pradesh, in the year 2009-10 and ever since, their appointment orders were issued, they have continued to serve in the said Department and have completed service length of 5 to 8 years. That while they were waiting expectantly and eagerly to be promoted to the post of UPO for which they were already eligible as per the Recruitment Rules namely "The Urban Programme Officer Recruitment Rules, 2006" (hereinafter referred to as 'Rules of 2006'), the Respondent No. 4 was all of a sudden brought to the vacant post of UPO by the impugned order referred to above in violation of the Rules of 2006. That the said order having been issued in violation of the Rules of 2006, it needs to be quashed and set aside so that those among the petitioners who are already eligible for promotion to the post of UPO, gets a chance for such promotion.