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2005 Supreme(Gau) 575

BIPLAB KUMAR SHARMA
Lai Puroik – Appellant
Versus
State of Arunachal Pradesh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:R.H. Nabam and K. Tado, Advocates
For Respondents/Defendant:B.L. Singh, Advocate

JUDGMENT

B.K. Sharma, J.

1. This writ petition has been filed by 16 group "D" employees working under the Respondents. They have made a prayer for cancellation of alleged illegal appointments purportedly made after the expiry of the panel list prepared for the purpose. Further prayer made in this writ petition is to conduct fresh selection for promotion to group "C" cadre from group "D" cadre as per Recruitment Rules.

2. The fats are not in dispute. As per the Recruitment Rules with which we are concerned in this proceeding, the post of LDC in the department is to be filled up 90% by direct recruitment and 10% by promotion from amongst the Group "D" employees. It is this 10% quota of promotion with which the present proceeding is concerned. The Recruitment Rule is called the Arunachal Pradesh Secretariat Subordinate Rules, (for short the "1989 Rules"). Rule 9 of the 1989 Rules prescribes the percentage of reservation for promotion and direct recruitment to the post of LDC. Rule 11 of the 1989 Rules lays down the procedure for preparation of the select list. As per Rule 13 of the 1989 Rules, the select list shall ordinarily be in force for 12 months unless it is reviewed or revised und






















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