RINGU KALLEY Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. Tony Pertin, learned counsel for the petitioner and also heard Mr. R. H. Nabam, learned Senior Govt. Advocate, Arunachal Pradesh appearing on behalf of the respondents.

(2.) The petitioner, a diploma holder in electrical engineering was initially appointed as W/C Lineman (LT) for a period of 6 (six) months on ad hoc basis in the pay scale of Rs. 4000-100-6000/- p. m. in the Power Department under the State of Arunachal Pradesh. He was posted at Naharlagun Electrical Division. His ad hoc appointment was extended from time to time. After serving for a period of 3 (three) years, he made a representation before the respondent authorities for regularisation of his ad hoc service and for changing of his trade from W/C Lineman (LT) to Senior Electrician as both the posts carry equal pay scale. The Executive Engineer (E), Ziro Electrical Division under whom the petitioner worked had recommended his case to the Superintending Engineer concerned for regularisation of service as Senior Electrician. The DPC, after conducting a trade test, in its meeting held on 12.03.2001 recommended for regularisation of petitioner's service as Senior Electrician. Pursuant to the DPC's recommendation, the Superintending Engineer concerned issued an approval letter dated 24.12.2001 to the respondent-Executive Engineer (E). Accordingly, a formal office order No. ZED/WC-2/2001-02/4383-86 dated March, 2002 (Annexure-P/4 to the writ petition) was issued by the respondent-Executive Engineer (E) appointing the petitioner as W/C Electrician purely on temporary basis without adding the word "Senior" to Electrician. The petitioner approached the respondent-Executive Engineer (E) for making necessary correction, who, in his turn, sent a letter dated 05.11.2003 to the respondent -Superintending Engineer for taking early action in the matter. Ultimately, the respondent-Superintending Engineer concerned issued an office order dated 27.10.2005 (Annexure-P/6 to the writ petition) re-designating the post held by the petitioner as W/C Senior Electrician providing that petitioner's service seniority in W/C Senior Electrician shall be reckoned from the date of DPC held on 25th May, 2005. The petitioner is aggrieved by the said order inasmuch as, the benefit of counting the seniority as W/C Senior Electrician has been given effect only from 25th May, 2005 and not from the date of his initial appointment i.e. on 27.10.1998.

(3.) Mr. Pertin, learned counsel for the petitioner submits that the post of Lineman (LT) is equivalent to Senior Electrician carrying equal pay scale i.e. Rs.4000-100-6000/- p. m. The petitioner has been drawing the said pay scale since his initial appointment as W/C Lineman (LT). The DPC recommended for his appointment as W/C Senior Electrician but at the time of issuing the formal appointment order, the appointing authority namely, respondent-Superintending Engineer, inadvertently mentioned the name of the post as W/C Electrician with pay scale of Rs.3050-75-3950-80-4590/- p. m., a post lower than the Senior Electrician. According to him, a great injustice has been done in so far as the petitioner, who was drawing higher pay scale of Rs.4000-100-6000/- p. m. as W/C Lineman (LT) has been reverted to or down graded to the lower post of W/C Electrician, which carries a lower pay scale of Rs.3050-75-3950-80-4590/- p. m. The respondent authorities have committed grave mistake by not taking into account the service rendered by him as W/C Lineman (LT) since his initial appointment for which the respondent-Executive Engineer (E) recommended for regularisation of his service as W/C Senior Electrician. Any mistake in the order conveying the decision of the DPC re-designating the post by dropping the word "Senior", which was inadvertent, should have been corrected and the impugned order dated 27.10.2005 (Annexure-P/6 to the writ petition) cannot be allowed to operate inasmuch as the petitioner's service seniority is to be counted from the date of DPC held on 25.05.2005 and not from the date of his initial appointment i.e. on 27.10.1998 as W/C Lineman (LT).