DUMAR BAGRA Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THE challenge made in this writ petition is the interpretation of the order dated 1. 10. 2008 passed by the Commissioner, PWD, Arunachal Pradesh, to be a fresh appointment of the petitioner in the present department, APPWD, as Assistant Engineer accepting his repatriation from deputation by the Hydro Power Development Department as well as for non-consideration of his promotion to the next higher grade of Executive Engineer.

(2.) I have heard Mr. K. Ete, learned counsel for the petitioner and Ms. G. Deka, learned Additional Sr. GA, AP.

(3.) A counter has been filed on behalf of the State respondents wherein the stand has been taken on behalf of the respondent Nos. 1 and 2 is that the petitioner having opted for permanent absorption in the Hydro Power Development Department voluntarily he would have neither any lien nor any claim for repatriation to his parent department and he forfeited all rights whatever he had in the parent department, i. e. , APPWD. It is further contended that on humanitarian consideration, the prayer of the petitioner for repatriation to the parent department was allowed, but his absorption in the parent department was accepted as fresh appointment.