YIMI ANGU Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 26. 9. 2007 whereby 18 Junior Engineers serving as Assistant Engineers on officiating basis have been promoted/regularized as Assistant Engineers without any recommendation of the Departmental Promotion Committee (for short "dpc") and also without following the reservation policy of the State wherein 80% posts are reserved for Arunachal Pradesh Scheduled Tribes ("apst" in short) officials in the matter of promotion from the posts of Group-'c' to Group-'b'.

(2.) TO state the facts in brief : The petitioners are B. E. degree holders i. e. Bachelors in Civil Engineering from recognized universities and both of them were appointed as Junior Engineers in the Department of Hydro Power Development vide order No. SE/apec-1/e/s-6 (c)/44/97-98/6155-61 dated 24. 11. 97. The petitioner Nos. 1 and 2 were promoted as Assistant Engineers on officiating basis on 21. 5. 2005 and 31. 8. 2005 respectively as they completed their required length of service for promotion in the year 2002 as per the Recruitment Rules holding the field. In the meantime, the State of Arunachal Pradesh framed the Recruitment Rules in the year 2005 called as "the Recruitment to the posts of Assistant Engineer Rules, 2005" (hereinafter referred to as the "rr of 2005" in short) under Article 309 of the Constitution of India and the same was published in the official gazette vide notification No. OM-40/2005 dated 15. 12. 2005.

(3.) HEARD Mr. K. Ete, learned counsel for the petitioners and Mr. R. H. Nabam, learned Senior Govt. Advocate appearing for the Respondent Nos. 1 to 3. Also heard Mr. C. Baruah, learned Senior Counsel assisted by Mr. R. K. Dutta, learned counsel for the private respondent Nos. 4 to 9.