KESANG DONGDUP Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel for the petitioners. Although Mr. P. K. Gour, learned counsel has prayed for an adjournment of the cases, on the ground that Mr. T. Bayor, learned Standing counsel for the Rural Development Department is out of station, yet, having considered the nature of the issues that have been raised in the present writ petitions and also in view of the fact that these writ petitions have been pending since the year 2016 with an interim order operating in favour of the petitioners, I deem it appropriate to dispose of these writ petitions on the basis of the materials available on record.

(2.) These writ petitions have been filed challenging the impugned order dated 19.2.2016 issued by the Commissioner (RD and PR), Govt. of Arunachal Pradesh vide No.CD-202/2015(E), by which order, the appointment of the writ petitioners as Assistant Project Officers (RE) in the establishment of District Rural Development Agency (in short 'DRDA'), Yingkiong and Namsai, respectively have been cancelled and are further repatriated to their post(s) of Extension Officers (RE) in the department of Rural Development, with immediate effect. The aforesaid impugned order dated 19.2.2016 has been stated to be issued on the basis of Office Memorandum being O.M. No. GOV-AP/2015 dated 10.2.2016 issued by the Governor of Arunachal Pradesh, whereby all officiating/functional appointment and promotion made without having due regard to the seniority position of the officials were directed to be reverted back.

(3.) The writ petitioners contends that the Office Memorandum dated 10.02.2016, on the basis of which, the petitioners have been repatriated to the parent department would not be applicable in their cases inasmuch as the petitioners have been appointed on the basis of office memorandum dated 20.5.2003 issued by the Secretary (RD and PR), Govt. of Arunachal Pradesh, Itanagar, which relates to the personnel policy for recruitment and engagement of staffs for administration of DRDA, wherein all category of staffs in the establishment of DRDA are provided to be recruited on deputation basis. As far as the Assistant Project Officer (RE) is concerned, under the notification, the same is required to be made by the deputationist from the cadre of Extension Officer (RE) of the Rural Development Department. The petitioners being Extension Officer (RE) in the Rural Development Department, they have been appointed on deputation basis as Assistant Project Officers (RE) as per the office memorandum dated 20.05.2003 referred to herein above and accordingly, the petitioners could not have been repatriated back by the impugned order dated 19.02.2016, on the basis of the office memorandum dated 10.2.2016 issued by the Governor of Arunachal Pradesh.