YIMO GEYI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel for the petitioner and also heard Mr. G. Tarak, learned Standing Counsel RWD.

(2.) The present petitioner was arrayed as the respondent No. 3 in the WP(C) 115(AP)/2001 filed by one Shri Punyo Tangu as the petitioner. In addition to the present petitioner, one Shri Rido Allo was also arrayed as the respondent No. 4. The petitioner in the said earlier writ petition was a Graduate Engineer holding the post of Junior Engineer and on the other hand, the respondent Nos. 3 and 4 were Diploma Holders but were holding the posts of Junior Engineers. The petitioner therein was aggrieved because of out-of-turn promotion to the said respondent Nos. 3 and 4 in violation of the Rules. The Diploma Holders are entitled to be in the consideration zone for promotion to the post of Assistant Engineer after continuous service of 8 years and on the other hand, a Graduate Engineer requires 5 years length of service as the Junior Engineer. The said writ petition was allowed in favour of the petitioner therein holding as follows:

(3.) Accordingly, being aggrieved by the said order which was passed on 23.03.2004 Writ Appeal No. 08(AP)/2007 was filed after taking the necessary leave from the appellate Court by the present petitioner and the respondent No: 4 therein the writ petition No. 115 (AP)/2001.