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2013 Supreme(Gau) 840
Gauhati High Court
Hrishikesh Roy , J.
Tanzin Gombu Khrime & Ors. - Appellant
Versus
State of Arunachal Pradesh & Ors. - Respondent
Writ Petition (C) No. 24(AP) of 2010
Decided On : 08-03-2013
For the Petitioners: Mr. N. Ratan.
For the Respondents: Ms. G. Deka and Mr. T. Pertin.
Headnote:
Arunachal Pradesh (Accounts Officer/ Treasury Officer) Recruitment Rules, 1984 – Regularisation of Work – Petitioners are Accounts Officers/Treasury Officers in the Finance and Accounts Service in Arunachal Pradesh – After they were promoted on “ad hoc” basis on different dates in between 20.04.1990 - 28.9.1994, their services were regularized w.e.f. 20.5.1996 by the common regularization order – Petitioners claim retrospective regularization from the date of their “ad hoc” promotion and consequential correction of their respective position in the seniority list (page 67), where the private respondent Nos. 4 to 13 are shown at seniority position 40 to 49 - above the petitioners – Held, Petitioners ‘appointment on “ad hoc” basis was not by any of the 4 modes prescribed by the R.R – It is apparent that their appointment was de hors the Rules – In fact, few of the petitioners were appointed even without completion of the qualifying service in the feeder cadre – In such situation, the ratio in Union of India v. Dharampal, (2009) 4 SCC 170 is relevant where the Apex Court held that where – Initial appointment is “ad hoc” and not according to Rules, such service does not count for seniority – Issue has to be answered against the petitioners – Furthermore, since it is a case of “ad hoc” appointment dc hors the Rules and not a case of appointment on probation followed by confirmation, the law in L. Chandra Kishore Singh (supra) is distinguishable and cannot be applied in this case, to give relief to the petitioners – Writ Petition Dismissed
2. The petitioners are Accounts Officers/Treasury Officers in the Finance and Accounts Service in Arunachal Pradesh. After they were promoted on “ad hoc” basis on different dates in between 20.04.1990 - 28.9.1994, their services were regularized w.e.f. 20.5.1996 by the common regularization order dated 26.6.1998 (Annexure C). The petitioners claim retrospective regularization from the date of their “ad hoc” promotion and consequential correction of their respective position in the seniority list dated 23.11.2009 (page 67), where the private respondent Nos. 4 to 13 are shown at seniority position 40 to 49 - above the petitioners.
3. The petitioners were initially appointed as Inspecting Auditors/Sub-Treasury Officers (IA/STO) in between 6.10.1987 to 11.11.1987. They were then promoted on “ad hoc” basis to the post of Accounts Officers/ Treasury Officers. The appointment of Accounts Officer/Treasury Officer is governed by the Arunachal Pradesh (Accounts Officer/ Treasury Officer) Recruitment Rules, 1984 and the Accounts Officers / Treasury Officers’ (Group-D) Recruitment Rules, 1993 ( ‘the R. R. 1984’ and ‘R.R. 1993’). Four modes of recruitment, i.e. (i) direct recruitment; (ii) by promotion; (iii) by, deputation transfer; (iv) by limited departmental competitive examination is contemplated by the Rules. But none of the petitioners were inducted by any of the prescribed methods in the R. R. 1984 or R. R. 1993. They were, in fact appointed on “ad hoc” basis, as can be seen from the petitioners’ promotion orders (Annexure B series).
The private respondent Nos. 5, 9 and 12, on the other hand were directly recruited as Accounts Officers/Treasury Officers on 7.8.1992, 3.6.1994 and 17.1.1995 respectively while the remaining private respondents were inducted in the cadre through limited departmental competitive examination, on different dates starting from 28.12.1992 to 18.1.1996.
4. The following chart reflects their respective position:
LIST OF DATES IN RESPECT OF THE PETITIONERS
Petitioner, No. & initial post in which appointed. Appointment as I. A/S.T.O. Eligibility for promotion to A.O/T.O. Promotion to A.O/T.O. Regularization as A.O/T.O.
T.G. Khrime P/l as I.A. 6.10.1987 6.10.1990 20.4.1990 20.5.1996
Hage Tari P/2as I.A. 9.10.1987 9.10.1990 4.9.1991 20.5.1996
D.N. Buragohain P/3 as I.A. 24.2.1987 24.2.1990 24.8.1990 20.5.1996
S.K. Chakraborty P/4 as S.T.O. 12.2.1986 12.2.1994 30.6.1990 20.5.1996
Pura Sambyo P/5 as I.A.. 27.10.1987 27.10.1990 7.10.1993 20.5.1996
Niranjan Hens P/6 as S.T.O. 16.11.1987 16.11.1995 14.10.1993 20.5.1996
B. M. Paul P/7 as I.A..16.10.1987 16.10.1990 11.10.1994 20.5.1996
Suresh Kuma T P/8 as I.A. 8. 10.1987 8.10.1990 9.10.1994 20.5.1996
Tagofrg Talom P/9 as I.A. 11.11.1987 11.11.1990 28.9.1994 20.5.1996
LIST OF DATES IN RESPECT OF THE PRIVATE RESPONDENTS
SI. No. Respondent Number Appointment to the post of AO/TO Mode of appointment/ recruitment
1, Sange Wangchu -R/4 28.12.1992 LDCE’ 1992
2. Karluk Ronya -R/5 7.8.1992 DR’ 1992
3. S. Bhomick -R/6 6 6.1994 LDCE’ 1994
4. M.M. Sen-R/7 29.4.1994 LDCE’ 1994
. 5.
P. Bhattacharjee -R/8 26.4.1994 LDCE’ 1994
6. TageTalin-R/9 3.6.1994 DR’ 1994
7. N.K. Bhandophadya -R/10 19.5.1994 LDCE’ 1994
8.
9.Senko Yottgam - R/ll
TameTabin-R/12 20.12.1995
17.1.1995 LDCE ‘1995
DR’ 1995
10. Mage Guth - R/13 18.1.1996 LDCE’ 1995
5. While the petitioners were serving as Accounts Officers/Treasury Officers on “ad hoc” basis, the Departmental Promotion Committee (‘the DPC’) on 16.5.1996 after considering the cases of the “ad hoc” appointees, recommended them for regular promotion. It was specifically directed that inter se seniority in the cadre should be fixed after their appointment on regular basis. As the communication of the DPC’s recommendation was
