TANGIR TAMUT Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Ms. N. Danggen, learned counsel for the petitioner. I have also heard Ms. R. Basar, learned Jr. Govt. Advocate for the respondent No. 1 and Shri T. Bayor, learned Standing counsel, Rural Development Department who appears for respondents No. 2, 3 and 4.

(2.) The facts involve a chequered history. The petitioner was substantively appointed in the establishment of the Deputy Commissioner and was holding the post of Upper Division Clerk (UDC). Vide an order dated 8.9.1989 on the recommendation of the Departmental Promotional Committee (DPC), the petitioner was deputed to the present Department of Rural Development as a Progress Assistant. Subsequently, vide an order dated 4.3.1999, the services of the petitioner along with others were regularised/absorbed in the borrowing Department i.e. Rural Development Department.

(3.) In the common seniority list of Progress Assistant and posts of the same cadre, the petitioner was shown against the Serial No. 42 which according to the petitioner was erroneous. Accordingly, the petitioner had approached this Court by filing WP(C) No. 265 (AP)2010. This Court vide order dated 06.06.2012 had disposed of the writ petition by directing consideration of the case of the petitioner as it was the admitted position that the seniority list was yet to be finalised. Pursuant to such direction, the seniority list was finalised and the petitioner was placed against the Serial No. 1. The post of Progress Assistant is the feeder post to the post of Joint Block Development Officer (Jt. BDO). Though persons below the petitioner were promoted to the post of Jt. BDO and even to the next higher cadre of BDO, the petitioner was left out, constraining her to file a second writ petition before this Court being WP(C)299(AP)2014. During the pendency of the said writ petition, vide order dated 31.07.2015, the petitioner was however, promoted to the post of Senior Economic Investigator(SEI) which is an equivalent cadre to the post of Jt. BDO. However, the said promotion was on officiating basis.