1. Both the above writ petitions involve similar facts, grievances and point of law to be decided and as such both the writ petitions are heard together and proposed to be disposed of by this common judgment and order.

2. In the first writ petition, Dr. (Mrs.) Oishy Ering joined as Medical Officer (Allopathy) in the Arunachal Pradesh Health Service on 11.2.1991. She was, vide Order dated 24.12.2003, given the first Time Bound Promotion to Senior Medical Officer (Allopathy) with retrospective effect from 12.2.1999 on completion of 8 years of regular service in the Grade of Medical Officer. She claims that she was entitled to 2nd Time Bound Promotion to the post of Senior Medical Officer (Selection Grade) (Allopathy) with effect from 13.2.2004 when the completed 5 years of regular service in the Grade of Senior Medical Officer but the DPC held on 29.8.2008 did not consider her case for second Time Bound Promotion due to non-availability of Vigilance clearance. Another DPC was held on 29.8.2008 in which Sealed Cover Procedure was applied due to pendency of Vigilance case. In the second Writ Petition, Dr. Samarendra Nath Kundu joined as Medical Officer (Homeopathy) in the Arunachal Pradesh Health service on 29.11.1984. He was given the first Time Bound Promotion to Senior Medical Officer (Homeopathy) vide Notification dated 12.6.2003 with retrospective effect from 30.11.1992 on completion of 8 years of regular service in the Grade of Medical Officer. He also claims that he was entitled to second Time Bound Promotion to Senior Medical Officer (Selection Grade) (Homeopathy) w.e.f. 30.11.1997 having completed 5 years of regular service in the Grade of Senior Medical Officer but the DPC held on 18.6.2007 did not consider his case for second Time Bound Promotion due to non-availability of vigilance clearance. In his case also Sealed Cover Procedure was applied when another DPC was held on 29.8.2008 due to pendency of vigilance case against him. Both the Petitioners are aggrieved by application of Sealed Cover Procedure as it has resulted into denial of second Time Bound Promotion to them. In the aforesaid facts and circumstances of the case, the Petitioners have approached this court for the following reliefs :

(i) To issue a writ of mandamus directing the official respondents to grant Time Bound Promotion w.e.f. 13.2.2004 in respect of Petitioner Dr. (Mrs. Oishy Ering) and 30.11.1997 in respect of Dr. Samarendra Nath Kundu, i.e., the date from which their immediate juniors in the cadre of Senior Medical Officer in their respective branch of the department were given such promotion maintaining the seniority over their juniors in terms of Next Below Rule.

(ii) To issue a Writ of Mandamus directing the official Respondents to open the Scaled Cover applied by the DPC dated 29.8.2008 in the matter of second Time Bound Promotion of the petitioners and implement the decision of the DPC in conformity with the Guidelines of the Government of India contained in the Office Memorandum No.22011/4/91-Estt.(A), dated 14.9.1992.

(iii) To issue a Writ of Mandamus directing the official respondents to act in conformity with the aforesaid O.M. dated 14.9.1992 and to carry out the periodical review of the petitioners' case to consider the desirability of giving them ad hoc promotion.

3. I have heard Mr. P.K. Tiwari, learned counsel for the petitioners and Mr. K. Ete, learned Addl. Advocate General, Arunachal Pradesh for the State respondents.

4. On perusal of the pleadings of the parties, I find that there is no dispute on the date of entry of the Petitioners in their respective services and granting of 1st Time Bound Promotion to the post of Senior Medical Officer. There is also no dispute that Arunachal Pradesh Health Service Rules. 2000 ('APHS Rules, 2000') came into effect vide notification dated 1.7.2001 and Scheme for Time Bound Promotion for different grades of Medical Officers giving retrospective effect from 16.4.1990 was introduced and under the said

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