LAWS(GAU)-2008-1-18

STATE OF ARUNACHAL PRADESH Vs. K K HAZARIKA

Decided On January 10, 2008
STATE OF ARUNACHAL PRADESH Appellant
V/S
K. K. HAZARIKA Respondents

JUDGEMENT

(1.) Heard Mr. R. H. Nabam, learned Senior Govt. Advocate appearing for the appellants/respondents. Also heard Mr. T. Pertin, learned counsel, representing the sole respondent/writ petitioner.

(2.) The present writ appeal has been filed to challenge the order dated 23.6.2005 passed in WP (C) No. 324 (AP) 2005, allowing the writ petition filed by the respondent/writ petitioner.

(3.) The writ petition was filed by the petitioner, who at the relevant time was posted as Assistant Engineer in the Rural Works Department (RWD), seeking a direction for his promotion to the post of Executive Engineer in terms of the Executive Engineer (Civil) Recruitment Rules, 1998 (hereinafter referred to as "the 1998 Rules"). It was contended that the writ petitioner, who is an Engineering Diploma holder, was promoted as Assistant Engineer on 26.05.1996 and in terms of the 1998 Rules, the writ petitioner having completed 8 years of regular service in the cadre of Assistant Engineer, was eligible for promotion to the post of Executive Engineer.