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2006 Supreme(Gau) 11

B.SUDERSHAN REDDY, BROJENDRA PRASAD KATAKEY
Bengin Mack – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: A.K. Roy, Adv.
For Respondents/Defendant: B. Banerjee and C.K. Sarma Barua, Advs.

JUDGMENT

B. Sudershan Reddy, C.J.

1. The short question that falls for our consideration in this writ appeal is whether the Child Development Project Officer (Group-B) Recruitment (Amendment) Rules, 2004 suffers from any vice and whether they are liable to be struck down on the ground that they are contrary to the guidelines issued by the Union of India.

2. In order to consider that question, few relevant facts may have to be noticed. The writ appellant herein is at present working as Supervisor in the Social Welfare, Women and Child Development Department of the Government of Arunachal Pradesh. Her next promotion avenue is to the post of Child Development Project Officer (hereinafter referred to as 'CDPO') and her service conditions are regulated by the Rules called 'Child Development Project Officer (Group-B) Rules, 1995'. As per the Rules prior to the impugned amendment, the 50 per cent of the posts of CDPO are to be filled by direct recruitment and the remaining 50 per cent by promotion from amongst the officers of feeder category such as, Supervisor and Statistical Assistant, etc. By the impugned amendment brought vide Notification dated 9th January, 2004 as against 50 per cent o












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