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2021 Supreme(Gau) 805
IN THE HIGH COURT OF GAUHATI AT ITANAGAR BENCH
Nani Tagia, J.
Ashok Giri Mahato and Ors. – Appellants
Versus
State of Arunachal Pradesh and Ors. – Respondents
W.P.(C) No. 304 (AP) of 2013
Decided On : 25-03-2021
For the Appellant :K. Jini, T. Gadi, D. Loyi, B. Picha and O. Tatak, Advocates
For the Respondent:L. Perme, D. Panging, D. Soki, V. Jamoh and D. Tamuk, Advocates
Headnote:
Constitution of India, 1950 – Article 14, 16, 162, 226 – Power of high court to issue certain writs – Writ petitioners, altogether 93 in numbers, who are stated to be casual employees serving under various Sub-Divisions in different disciplines under establishment of Executive Engineer(E), Electrical Division, Department of Power, have filed this writ petition under Article 226 of Constitution of India – Held, Initial appointment of private Respondent No. 13 as W/C Computer Operator on ad-hoc basis for a period of six months and if said Respondent No. 13 is still working as W/C Computer Operator beyond his initial term of appointment for a period of six months, can also not be validated by this Court – Subsequent extensions of ad-hoc appointment of Respondent No. 13, thereof, if any, stands set aside and quashed with a further direction to respondent authorities to fill-up aforesaid posts of W/C employees in consonance with scheme of public employment as contemplated under Constitution of India by affording equal opportunity of participation to all eligible and qualified candidates – Writ petition disposed of.
JUDGMENT :
1. Heard Mr. Binter Picha, learned counsel for the petitioners. Also heard Mr. Lissing Perme, learned standing counsel, Department of Power, Government of Arunachal Pradesh, appearing on behalf of Respondents No. 1 to 5; and Mr. Dicky Panging, learned counsel, appearing on behalf of private respondents No. 6 to 13.
2. The writ petitioners, altogether 93 in numbers, who are stated to be casual employees serving under various Sub-Divisions in different disciplines under the establishment of the Executive Engineer(E), Yingkiong Electrical Division, Department of Power, have filed this writ petition under Article 226 of the Constitution of India, challenging the appointment of private respondents No. 6, 7, 8 & 10 as Meter Reader W/C employees and private respondents No. 9,11 & 12 as Computer Operator W/C employees, on the ground that the appointment of the aforesaid private respondents, as W/C employees, have been made without conducting a trade test or if at all such a trade test was held, without affording the petitioners an opportunity to participate in such trade test.
The petitioners, stated to be serving as casual employees indifferent disciplines, having been appointed-on different dates, in order of seniority, which have been highlighted in Paragraph No. 7 of the writ petition, are quoted hereunder, for ready reference:
| Sl. No. | Name of the petitioners/respondents | Seniority list of petitioners | Trade wise of petitioners | Designation | Educational Qualification | Date of Joining |
| 1 | A.G. Mahato petitioner No. 1 | 2 | H/Skilled | Lineman | Nil | 16/9/88 |
| 2 | Ahong Osik petitioner No. 2 | 3 | H/Skilled | Lineman | Nil | 12/5/90 |
| 3 | Tarong Osik petitioner No.3 | 6 | H/Skilled | Lineman | IV Passed | 20/6/91 |
| 4 | Hori Talukar petitioner No.4 | 10 | H/Skilled | C/Operator | XII Passed | 1/1/93 |
| 5 | Lalit Narjari petitioner No.5 | 11 | H/Skilled | Electrician | VI Passed | 1/12/93 |
| 6 | Kombo Pasi petitioner No.6 | 12 | H/Skilled | Wireman | V Passed | 1/4/93 |
| 7 | Sunil Kakoti petitioner No.7 | 13 | H/Skilled | Wireman | X Passed with ITI | 21/4/93 |
| 8 | Bamut Nijo petitioner No.8 | 20 | H/Skilled | M/Reader | X Passed | 12/12/94 |
| 9 | Tukbeng Borang petitioner No. 9 | 30 | H/Skilled | Lineman | V passed | 21/7/95 |
| 10 | D K Bhorali petitioner No. 10 | 31 | H/Skilled | Wireman | X passed with ITI | 21/7/95 |
| 11 | Maktem Langkam petitioner No. 11 | 37 | H/Skilled | M/Reader | X Passed | 6/9/95 |
| 12 | Mohan Nath petitioner No. 12 | 43 | H/Skilled | Electrician | Nill | 1/12/95 |
| 13 | Lakhi Chetry petitioner No. 13 | 48 | H/Skilled | Lineman | VI passed | 21/1/96 |
| 14 | Nyarik Tao petitioner No. 14 | 49 | H/Skilled | Lineman | VIII passed | 24/1/96 |
| 15 | Uma Gogoi petitioner No.15 | 53 | H/Skilled | Wireman | VIII passed | 1/5/96 |
| 16 | Bim Bdr Thapa petitioner No. 16 | 54 | H/Skilled | Lineman | VIII passed | 1/5/96 |
| 17 | Robin Phukan petitioner No. 17 | 58 | H/Skilled | Lineman | IX | 1/6/96 |
| 18 | Swapna Limbu petitioner No. 18 | 59 | H/Skilled | C/Operator | XII passed | 1/12/96 |
| 19 | Sudhesi Devi petitioner No. 19 | 60 | H/Skilled | Sweeper | Nil | 1/6/96 |
| 20 | Opang Ezing petitioner No. 20 | 62 | H/Skilled | Chowkidar | Nil | 6/6/96 |
| 21 | Tako Abi petitioner No. 21 | 77 | H/Skilled | HT Lineman | V |
|
| 22 | Ishwar Biswakarma petitioner No. 22 | 78 | H/Skilled | P/Board | Nil | 1/4/97 |
| 23 | Orik Modi petitioner No. 23 | 79 | H/Skilled | P/Board | X passed | 1/4/97 |
| 24 | Oni Teng petitioner No. 24 | 80 | H/Skilled | Peon | V | 1/4/97 |
| 25 | Mohan Pegu petitioner No. 25 | 81 | H/Skilled | P/Board | VII | 1/5/97 |
| 26 | N. Chakraborty petitioner No. 26 | 82 | H/Skilled | Wireman | V | 1/6/97 |
| 27 | Yatu Mibang petitioner No. 27 | 83 | H/Skilled | |||
