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2016 Supreme(Gau) 895

IN THE HIGH COURT OF GAUHATI
MICHAEL ZOTHANKHUMA, J.
LINGDUM TAKI — Appellant
Vs.
STATE OF ARUNACHAL PRADESH — Respondent
WP(C) Nos. 417, 520 and 606 (AP) of 2016 with IA 170 and 176(AP) of 2016
Decided on : 24-11-2016

Advocates:
Advocate Appeared:
For the Appellant :Mr. Khoda Tama, Mr. D. Saikia, Mr. T. Nikam, Ms. H. Jeram, Mr. L. Kurdu, Mr. D. Apo, Mr. K. Tassang, Mr. T. Poha, Mr. K. Dorjee, Mr. G. Kamduk and Mr. T. Koyang and Mr. K. Loya, Ms. Hinti Jeram, Advocate
For the Respondent:Mr. Kardak Ete, Senior Additional Advocate General, Arunachal Pradesh, Adv.

Headnote:

Constitution of India - 1950 - Article 14 - promotion - Clause - Petitioners counsel submits that petitioners were appointed to post of Constables in Arunachal Pradesh Police in year and As per Head Constabl Group C Non gazetted Non Ministerial Recruitment Rules promotion to post of Head Constable was to be done from feeder post of Constable - Method of recruitment was by promotion and by Limited Departmental Examination – Held, View of reasons stated above this Court finds that impugned Cabinet decision. Message and order are arbitrary and they are hereby set aside - Respondents are to ensure that LDE is conducted to fill up vacant posts of Head Constable that arose from onwards and which are to be filled up by way of LDE as per Rules petitioners should also be allowed to take part in selection process as permitted by Rules – petition allowed

JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. Khoda Tama, learned counsel for the petitioners.

Also heard Mr. Kardak Ete, learned Senior Additional Advocate General, Arunachal Pradesh, assisted by Mr. Duge Soki, learned Addl. Senior Government Advocate, appearing on behalf of State Respondents, and Mr. Ninnong Ratan, learned counsel appearing on behalf of the private Respondents.

2. All these 3(three) writ petitions are being disposed of by a common judgment & order in view of the fact that the challenge made, is identical in all these writ petitions i.e. the order dated 15.07.2016, which is quoted below:

"Government of Arunachal Pradesh Home Department Itanagar

No. HMB(A)-3/2016

Dated Itanagar, the 15th July, 2016

Order

In pursuance to the Hon'ble Guwahati High Court, Itanagar Permanent Bench, Naharlagun, judgment & order dated 20.11.2014 passed in the two writ petitions numbered WP(c) 61(AP) of 2014 in Ct. Sowai Ingtong & ors. v. State of AP & ors. and WP(c) 329(AP) of 2014 in Ct. Danny Sarke & ors. v. State of AP & ors. and Cabinet Decision dated 11th July, 2016, the Governor of AP is pleased to extend the validity period of the merit list in respect of the promotion to the post of Head Constable as notified in pursuant to the Departmental merit list test conducted vide order No. PHQ/Estt.-A/05/2008 dated 27.03.2008 for enabling the consideration the case of promotions from the post of Constable to Head Constable in respect of the two writ petitioners and other similarly situated candidates as one time measure.

Sd/-

Shakuntala D. Gamlin, IAS

Chief Secretary

Government of Arunachal Pradesh

Itanagar."

3. Petitioners' counsel submits that the petitioners were appointed to the post of Constables in Arunachal Pradesh Police(Civil) in the year 2008, 2009 and 2012. As per the Head Constable(Civil), Group 'C' Non-gazetted, Non-Ministerial Recruitment Rules, 1987(hereinafter referred to as Rules of 1987), promotion to the post of Head Constable was to be done from the feeder post of Constable. The method of recruitment was 50% by promotion and 50% by Limited Departmental Examination (LDE, for short).

4. Petitioners' counsel also submits that the State of Arunachal Pradesh had conducted a LDE in the year 2008 for promoting Constables to 61 nos. of vacant posts of Head Constable. He also submits that 61 nos. of vacant posts of Head Constable were filled-up in pursuance to the LDE held in the year 2008. The 13(thirteen) names that were kept in the waiting list in pursuance to the LDE of 2008, were also subsequently promoted to future vacancies that occurred in the post of Head Constable.

5. Petitioners' counsel also submits that Rules of 1987 was thereafter repealed and replaced by the Head Constable(Civil), Group 'C' Non-gazetted, Non-Ministerial Recruitment Rules, 2010(hereinafter referred to as 'Rules of 2010').

6. As per the Rules of 2010, the method of recruitment to the post of Head Constable was 60% by promotion and 40% by way of LDE. The promotion to the posts of Head Constable under 60% promotion quota, was to be done from constables having 3(three) years regular service in the grade of constables. For filling-up the remaining 40% post by way of LDE, a constable was to have completed 2 years regular service in the grade.

7. Petitioners' counsel further submits that Assistant Inspector General of Police(E), Chimpu, issued a W.T. Message dated 06.12.2007 to various police authorities in the State of Arunachal Pradesh, informing them of the proposal to conduct merit examination for preparation of panel list for promotion of constables to Head Constables.

Thereafter, the impugned order dated 15.07.2016 was issued by the Chief Secretary to the Government of Arunachal Pradesh, Itanagar, which extended the validity period of the merit list, made in pursuance to the LDE held in the year 2008 for promotion of constables to Head Constable, as an one-time measure. Subsequently, the State Respondents issued a W.T. Message dated 25.07.2016, wherein a list of 1




































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