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2008 Supreme(Gau) 350
IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
Hrishikesh Roy, J.
Lower Dibang Valley Ministerial Employees Association and Ors. – Appellants
Vs.
State of Arunachal Pradesh and Ors. – Respondent
Decided On: 14.05.2008
The State Government has the authority to re-consider and notify a new scheme for the posting of Ministerial Staff, and the court can intervene if the scheme is formulated for extraneous and non-bonafide considerations.
Headnote:
Cadre Bifurcation - Posting and Transfer Grievances - 22.03.2005 - The court discussed the modalities of cadre bifurcation and cross-posting of Ministerial Cadre Staffs between the two districts as per the circular dated 22.03.2005. The court also highlighted the decision of the State Government to maintain a single Cadre for the Ministerial Staff of the soft and hard districts and its further decision to proceed on the modalities notified on 22.03.2005.
Fact of the Case:
The petitioners, 'Group-C & D' employees, raised grievances regarding their posting and transfer after the bifurcation of the Dibang Valley District into two districts.
Finding of the Court:
The court found that the State Government's decision to notify a new scheme for bifurcation of the Joint Ministerial Cadre of the soft and hard districts was taken in public interest and on bonafide administrative exigency after evaluating the practical difficulties faced in implementing the earlier scheme.
Issues: The issues included the departure from the earlier modalities, ambiguity in the new scheme, and the interest of Ministerial Staff in the soft district.
Ratio Decidendi: The court held that the State Government had the liberty to re-consider its earlier decision and to notify a new scheme for the posting of the Ministerial Staff, and that the impugned decision was taken for genuine reasons. However, the court directed the Government to issue appropriate clarification on the areas considered as middle belt for proper implementation of the new scheme.
Final Decision: The court dismissed the challenge to the authority of the State Government to notify the impugned order dated 15.06.2007 and the legality of the new scheme. It directed the implementation of the scheme only after the Government issued appropriate clarification on the areas considered as middle belts.
Hrishikesh Roy, J.
1. Heard Mr. A.K. Bhattacharjee, learned senior counsel representing the petitioners. Also heard Ms. G Deka, learned Addl. Senior Government who represents the State-respondents.
2. The petitioners are 'Group-C & D' employees of the Lower Dibang Valley District and are before this Court in connection with their posting and transfer grievances, in pursuant to the bifurcation of the original Dibang Valley District into Dibang Valley District and Lower Dibang Valley District w.e.f. 16.12.2001. It may be noticed at the out-set that the Dibang Valley District with its District Headquarter at Anini is considered a hard posting district and Lower Dibang Valley District with its District Headquarter at Roing is considered a soft posting district. The writ-petitioners are posted in the soft district of Lower Dibang Valley District with its District Headquarter at Roing.
3. The order to appreciate the issues raised in the instant petition, certain essential facts must be noticed.
Following the bifurcation of the Dibang Valley District into 2(two) districts w.e.f. 16.12.2001, the bifurcation of the 'Group-C & D' Staffs serving in the undivided Dibang Valley District became a necessity to serve the interests and the requirements of the newly created Lower Dibang Valley District. One option before the administration was to separate the Staff of the composite district into two Cadres with people serving in the hard district would continue to be in the new Cadre of the Dibang Valley District and people serving in the soft belt of the composite district would be the new Cadre of the Lower Dibang Valley District.
As this would have resulted in hardships particularly to those who have continued to serve in the places falling within the hard belt without any future possibility of transfer to a soft belt area, the State Government decided to carry-out an exercise of Cadre bifurcation and cross-posting of Ministerial Cadre Staffs between the 2(two) districts.
As per the modalities indicated in the Government Circular dated 22.03.2005, it was decided that the cross-posting between the 2 (two) districts would be made on the following basis:
1. Cross-posting to be done based on Station Seniority of the Staff in the hard belt and soft belt.
2. All such Staff who have completed 3 years in hard belt and 5 years in soft belt to be taken for cross-transfer postings in between the two districts.
3. The cut-off date for the calculation of tenures in hard place and soft place to be 31st January, 2005, or the date of Government's approval in this regard.
4. Cross transfer/posting to be done in batches of two for each category of Staff (two UDC + two LDC + two driver + two peon) each. That is, 2 staff in each category of Roing (Lower Dibang Valley District) with highest station seniority will come to Anini (Dibang Valley District) and 2 staff of Anini with highest station seniority to go to Roing.
After the completion of processes with the 1st batch, next batch may move similarly.
5. Regarding first move and 2nd move of the Staff, for the first batch, the Anini staff to move first. For the 2nd batch, Roing staff to 1 move first and so on.
4. Similarly, the modalities notified on 22.03.2005 with regard to the Cadre bifurcation, indicated, interalia, that majority of the Staff of the undivided composite Dibang Valley District wanted to opt for posting in the 'soft district (Lower Dibang Valley District) and only a few of the employees have opted to remain in the hard district (Dibang Valley District). Accordingly, since it was feasible, a decision was taken that all Staffs who had opted to remain in the hard district can be permitted to remain in the hard District.
A formula was evolved to determine posting of the Ministerial Staff in the said two districts whereby the persons who have served a longer tenure of service in hard belt postings would have the first option for being posted to the soft belt postings and corresponding obligation of those w
