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IN THE HIGH COURT OF GAUHATI (ITANAGAR BENCH)
H.N. Sarma, J.
Noel Prakash - Appellants
Vs.
State of Arunachal Pradesh and Ors. - Respondent
Decided On: 22.11.2006
Relaxation of Qualifying Service - Seniority Dispute - Recruitment Rules, (to Central Civil Service to Grade-I post under the Rural Works Department) 1984 - Rule No. 5 - [WP(C) No. 298 (AP) 2005, WP(C) No. 257 (AP) 2005, WP(C) No. 9 (AP) 2005, WP(C) No. 197 (AP) 2005, WP(C) No. 261 (AP) 2003, WP(C) No. 362(AP) 2004, WP(C) No. 8 (AP) 2004] - The court discussed the legality and validity of the relaxation of qualifying service for promotion to higher ranks, as per the Recruitment Rules, and held that the relaxation granted to the respondents was not valid in law. The court set aside the relaxation orders and quashed the consequential orders, directing the authorities to consider the petitioner's case for promotion in accordance with the existing law and pass appropriate orders within two months.
Fact of the Case:
The writ petitions challenged the seniority and promotions of several officers in the Rural Works Department, Government of Arunachal Pradesh, based on the relaxation of qualifying service for promotion to higher ranks. The petitioner contended that the relaxation granted to the respondents was illegal and arbitrary, and the respondents were promoted without fulfilling the eligibility criteria as per the Recruitment Rules.
Finding of the Court:
The court found that the relaxation of qualifying service granted to the respondents was not valid in law, as it was not in compliance with the statutory rules framed under Article 309 of the Constitution of India. The court set aside the relaxation orders and quashed the consequential orders, directing the authorities to consider the petitioner's case for promotion in accordance with the existing law and pass appropriate orders within two months.
Issues: The main issue was the validity of the relaxation of qualifying service for promotion to higher ranks, as per the Recruitment Rules, and whether the petitioner's challenge to the relaxation order was timely. The court also considered the applicability of the reservation quota and the delay in challenging the relaxation order.
Ratio Decidendi: The court held that the relaxation of qualifying service granted to the respondents was not valid in law, as it was not in compliance with the statutory rules framed under Article 309 of the Constitution of India. The court emphasized that the eligibility criteria for promotion to the rank of Superintending Engineer, being the minimum period of service in the post of Executive Engineer, could not be relaxed.
Final Decision: The court set aside the relaxation orders and quashed the consequential orders, directing the authorities to consider the petitioner's case for promotion in accordance with the existing law and pass appropriate orders within two months.
H.N. Sarma, J.
1. Common questions of law on the basis of almost similar facts, as projected in this batch of writ petitions, having arisen for determination and adjudication on the prayer of the learned Counsel for the parties, all the writ petitions are heard analogously and disposed of by this common judgment.
2. WP(C) No. 298 (AP) 2005, WP(C) No. 257 (AP) 2005 and WP(C) No. 9 (AP) 2005, have been filed challenging the seniority of the respondent No. 4, Sri M. Ngomdir to the cadre of Executive Engineer and the relaxation given to him by the respondent authority relaxing his qualifying period of service that are necessary for the purpose of promotion to the next higher grade counting his ad hoc period of service as Assistant Engineer. The petitioner has also challenged the subsequent promotion of the respondent No. 4 to the rank of Superintending Engineer dated 1.12.2003 and his regularization with effect from 14.3.97 as Executive Engineer issued vide order dated 23.10.2003.
In WP(C) No. 197 (AP) 2005, the petitioner has challenged the legality and validity of the regularization order dated 22.12.95 by which the respondent No. 4, Sri L. Ango and Sri M. Ngomdir have been given relaxation of their qualifying service as Assistant Engineer for the purpose of promotion to the next higher grade of Executive Engineer. In WP(C) No. 261 (AP) 2003, the petitioner has further challenged the legality and validity of the order dated 24.9.2002 by which the ad hoc period of service in respect of Sri L. Ango was regularized with effect from 20.10.95. In this writ petition, the petitioner has also challenged the order dated 28.5.2003 by which Sri L. Ango was further promoted to the rank of Superintending Engineer on officiating basis.
In WP(C) No. 362(AP) 2004, the petitioner has challenged the legality and validity of the order dated 11.11.95 by which the respondent No. 4, Sri G. Ete, has been provided with the benefit of relaxation of qualifying service for giving him the benefit of promotion to the next higher rank of Superintending Engineer counting his ad hoc period of service as Executive Engineer with a prayer to direct the respondents to constitute a review DPC to consider the case of the petitioner for promotion to the rank of Superintending Engineer with retrospective effect from21.12.2001. Again in WP(C) No. 8 (AP) 2004, the petitioner has challenged the order of promotion of Sri G. Ete, respondent No. 4, to the rank of Superintending Engineer on regular basis vide order dated 21.12.2001 and his further promotion to the rank of incharge Chief Engineer vide order dated 29.10.2003. The petitioner has also prayed for setting aside the communication dated 19.11.2003 whereby the respondent authority did not consider the case of the petitioner for promotion.
3. Necessary facts as disclosed from the pleadings of the parties, those are necessary to be stated for the purpose of disposal of this batch of writ petitions are summarized below.
The petitioner was appointed as Assistant Engineer in the Rural Works Department, Government of Arunachal Pradesh, vide order dated 6.11.1981 on temporary basis with effect from 28.9.1981. The aforesaid appointment was made after holding necessary DPC, inasmuch as, the State Public Service Commission was not set up at the relevant time. The appointment of the petitioner to the said post was on regular basis. On 25.8.84, Sri G. Ete was appointed as Assistant Engineer in the department on ad hoc basis and his service was regularized with effect from 23.10.86. Similarly, Sri M. Ngomdir was appointed on ad hoc basis as Assistant Engineer in the department vide order dated 7.3.89 and subsequently vide order dated 19.10.90 Sri M. Ngomdir was appointed afresh on regular basis as Assistant Engineer. In the like manner Sri L. Ango was appointed as Assistant Engineer vide order dated 19.10.90 who joined in his service on 5.11.90 on regular basis, Sri G. Ete was appointed as Assistant Engineer on 25.8.84 and ther
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