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2019 Supreme(Gau) 478
IN THE HIGH COURT OF GAUHATI, ITANAGAR
NANI TAGIA, J.
Sri. Tabak Hanker, (Research Officer), Department of Social Justice, Empowerment and Tribal Affairs - Petitioner
Versus
The State of Arunachal & Ors. - Respondents
WP(C) 319 (AP) of 2016
Decided On : 11-06-2019
For the Petitioner: Shri J. Hussain, T. Changriang
For the Respondents: Ms. K. Wangmo, G.A., Shri. J. Jini
Headnote:
Deputy Director(SW) Group-A Recruitment Rules, 1998 – Deputation Post Issue – This writ petition has been filed by the petitioner challenging the impugned order issued by the Secretary, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh by which the respondent No. 4 has been permanently absorbed to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh with retrospective effect from the date of his joining in the post on deputation – Held, the Recruitment Rule pertaining to the Deputy Director, Social Justice, Empowerment and Tribal Affairs Department having prescribed method of filing up the post of Deputy Director from Research Officer of the Department of Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh having 3(three) years regular and continuous service in the Grade; and, the writ petitioner having been working as Research Officer in the Department in the considered view of this Court, is legitimately entitled to be considered for promotion to the post of Deputy Director in accordance with the Recruitment Rules – For the reasons and discussions made herein above, the impugned order by the Secretary, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh is hereby set aside and quashed with a further direction to the respondents, more particularly the respondent No. 2 – The Secretary/Commissioner, Department of Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh to consider the case of the writ petitioner for promotion to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh in accordance with “the Deputy Director (SW) Group-A, Recruitment Rules – Order Accordingly
JUDGMENT :
None appears for the petitioner on call.
Heard Ms. T. Wangmo, learned Jr. Govt. Advocate for the respondents No. 1, 2 & 3 and Mr. J. Jini, learned counsel appearing for respondent No. 4.
2. This writ petition has been filed by the petitioner challenging the impugned order dated 21.12.2015 issued by the Secretary, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh on 31.12.2015 vide Memo No. DSJE-90/2014(E)/284 by which the respondent No. 4 has been permanently absorbed to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh with retrospective effect from the date of his joining in the post on deputation on 01.10.2014.
3. The facts leading to filing of the present writ petition maybe stated has follows:
(i). The writ petitioner, who has been working as Research Officer on being promoted from the post of Superintendent in the Department of Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh since 15.01.2005 had on various occasions submitted representations to the respondent authorities for his promotion to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh from the post of Research Officer.
(ii). The respondent authorities, however, without responding favorably to the prayer made by the writ petitioner for promotion to the post of Deputy Director had by an order dated 26.09.2014 issued by the Commissioner, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh vide Memo No. DSJE-23/2012(E)/3-12 appointed respondent No. 4, who was working as CDPO in the Department of Women and Child Development, Govt. of Arunachal Pradesh to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh on deputation basis initially for a period of 1(One) year vice Shri Taw Tebin, who was appointed to the post of Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh, which was subsequently, extended for a further period of 1 (One) year vide order dated 06.10.2015 issued by the Secretary, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh vide Memo No. DSJE-23/2012(E)937. And eventually, the respondent No. 4 was permanently absorbed in the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh with retrospective effect from the date of his joining in the post on deputation on 01.10.2014 by the impugned order dated 21.12.2015 issued by the Secretary, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh vide Memo No. DSJE-90/2014(E)/284.
(iii). Aggrieved by the appointment of the respondent No. 4 to the post of Deputy Director, Social Justice, Empowerment and Tribal Affairs, Government of Arunachal Pradesh, initially on deputation and the subsequent, order of permanent absorption, the writ petitioner had to approach this Court earlier by filing a writ petition being WP(C)No.69(AP)2016 which was disposed of by this Court by an order dated 15.02.2016, directing the petitioner to again file a fresh representation raising his grievance before the respondent authorities and the respondent authorities, thereafter, was directed to dispose of the said representation within 2(two) months by having due regard to the Recruitment Rule.
(iv). In pursuance thereof, the writ petitioner submitted a representation dated 18.02.2016 which was disposed of by a speaking order by the Chief Secretary, Government of Arunachal Pradesh on 15.04.2016, wherein, it was inter-alia mentioned that the petitioner does not possess minimum educational qualification of graduation as prescribed by the Office Memorandum dated 28.01.2014 issued by the Chief Secretary, Government of Arunachal Pradesh vide No. AR-74/2013.
(v). The writ petitioner, therefore, has again approached this Court by filing the presen
