Ashok Giri Mahato vs State of Arunachal Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

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

Advocate Appeared:
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

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2021 Supreme(Gau) 805

IN THE HIGH COURT OF GAUHATI AT ITANAGAR BENCHNani Tagia, J.Ashok Giri Mahato and Ors. – AppellantsVersusState of Arunachal Pradesh and Ors. – RespondentsW.P.(C) No. 304 (AP) of 2013Decided On : 25-03-2021

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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