RUCHU NIJI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) HEARD Mr. D. Boje, learned counsel for the petitioners. Also heard Ms. G. Deka, learned Addl. Senior Government Advocate, for State-respondents and Mr. A. Bhattacharjee, learned counsel appearing for respondent No. 4.

(2.) THIS petition has been presented under Article 226 of the Constitution of India for setting aside and quashing the impugned provisional seniority list dated 30. 04. 2004 prepared and issued by the Superintending Engineer (E), APEC-I, Circle No. 1, Naharlagun, Department of Power, vide O. M. No. SE/apec-I/je (E)/01/04-05/504-23 dated 13. 05. 2004 in respect of Junior Engineers (E)/mech. /e and Computer Science as on 30. 04. 2004.

(3.) THE pleadings of the petitioners are that an advertisement was issued by the Superintending Engineer (Coord.), APEC-I, Naharlagun, on 21. 01. 1997 for filling-up Group-C posts including 7 Nos. of Junior Engineer (E ). Pursuant to the aforesaid advertisement, the petitioners and respondent No. 4 applied for the said post. After the interview was conducted, select list was prepared and published vide Memorandum dated 20. 05. 1997 (Annexure-A1 to the petition ). In the said select list, the private respondent No. 4 found place at serial No. 1 while the petitioners were placed at serial Nos. 2, 3 and 4. The respondent No. 4, as he reportedly accepted some assignment in another department namely the Irrigation and Flood Control Department, did not join the post of Junior Engineer (E) in the Department of Power. The petitioners 1, 2 and 3 joined their duties as Junior Engineer (M) on 27. 08. 1997, 24. 07. 1997 and 21. 07. 1997 respectively. The name of respondent No. 4 was deleted from the said select list of 20. 05. 1997 and a combined merit list of 29 candidates was prepared and published by the respondent No. 3 viz. Superintending Engineer (Coord.), Department of Power, Naharlagun, on 12. 07. 1997 placing the names of petitioners 1, 2 and 3 at serial Nos. 1, 3 and 6 respectively. However, the respondent No. 4 was appointed as Junior Engineer (M) vide Memorandum under No. SE/apec-I/e/s-6 (c)/4/97-98/165-71 dated 15. 04. 1998 by the aforesaid respondent No. 3, namely, Superintending Engineer (Coord.), Department of Power, Naharlagun, and he joined his service on 17. 08. 1998.