Bamin Koyang vs State Of A. P. , Represented By The Chief Secretary, Govt. Of AP, Itanagar, AP.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Gau) 1042

IN THE HIGH COURT OF GAUHATI, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH), (ITANAGAR BENCH)
A.M. BUJOR BARUA, DEVASHIS BARUAH, JJ.
Shri Bamin Koyang And Anr. – Petitioners
Versus
The State Of A.P., Represented By The Chief Secretary, Govt. Of AP, Itanagar, AP. & 5 Ors. – Respondents
WP(C) No.26 OF 2019
Decided On : 18-08-2022

Advocates Appeared:
For the Petitioner: Ninnong Ratan.

Headnote:
Constitution of India, 1949 – Article 166, 309 – Arunachal Pradesh Recruitment Rules, 1993 – Finance & Accounts Officer/Treasury Officer Recruitment Rule 2014 – Rule 2, 3 – Conduct of Business of the Government of a state – Recruitment – Rules of Executive – Learned counsel petitioner and also heard learned Additional Advocate General for respondents – Petitioners who were Accountants in Directorate of Food & Civil Supplies were allowed to officiate as Superintendent of Accounts – Held, Superintendent of Accounts would continue because of provisions of some other Rules promotional avenue available for Superintendent of Accounts would be phased out after existing Superintendent of Accounts either retires or dies Rules should have to be read that Superintendent of Accounts who will come in subsequently will not be provided with any promotional avenue – Interpretation itself would be contrary to proposition laid down by Supreme Court that a person joins Government service for an entire career providing for a promotional avenue is a legal right – Writ petition allowed as indicated allowed.

JUDGMENT :

[A.M. Bujor Barua, J.]

1. Heard Mr. N. Ratan, learned counsel for the petitioner and also heard Mr. R.H. Nabam, learned Additional Advocate General for the respondents.

2. The petitioners, who were Accountants in the Directorate of Food & Civil Supplies were allowed to officiate as Superintendent of Accounts (Group “B”) Non-Gazetted in the scale of Pay of PB-2 Rs. 9300-34800/-plus Grade pay Rs. 4600/-,as per the orders dated 19.03.2013 and 06.03.2013 respectively, of the Director of Food & Civil Supplies, Government of Arunachal Pradesh.

3. By the notification dated 14.07.2014, under the signature of the Chief Secretary to the Government of Arunachal Pradesh, in exercise of powers conferred by the proviso to Article 309 of the Constitution and in supersession of the Arunachal Pradesh (Accounts Officer/Treasury Officer) Recruitment Rules, 1993”, the “Finance & Accounts Officer/Treasury Officer (Group-A) (Entry Grade) (Gazetted) Recruitment Rule 2014”(hereinafter termed as Rules of 2014) was notified.

4. Rule 2 of the Rules of 2014 provides that the number of posts, classification and the pay band/grade pay/pay scale attached therein shall be as specified in column 2 to 4 to Schedule ‘A’ to the Rules. Column 1 to the Schedule ‘A’ provides the name of the post to be Finance & Accounts Officer/Treasury Officer and column 2 provides that the number of posts would be 61 as in the year 2014, subject to variation depending upon the workload.

5. Rule 3 of the Rules of 2014 provides that the method of recruitment to the aforesaid 61 posts shall be as provided in columns 5 to 13 to Schedule ‘A’. Column 10(1) to Schedule ‘A’ provides that 25% of the posts shall be filled up by direct recruitment through Open Competitive Examination in the manner provided therein. Column 10(2)(a) to Schedule ‘A’ provides that 20% of the posts shall be filled up by Limited Departmental Competitive Examination, whereas 10(2)(b) provides that 55% of the posts shall be filled up by Departmental Promotion. Infurtherance thereof, column 11(1) provides that 55% of the posts of the promotion quota shall be filled up in the manner provided therein as extracted:-

In case of recruitment by promotion/ deputation /transfer grades from which promotion/ deputation/transfer to be made.

“1. 55% of the posts of the promotion quota shall be filled up from the following feeder grades as shown against each grade:-

(i) 55% of the post of the promotion quota shall be filled up by Assistant Audit Officers with (3) three years regular service in the grade.

(ii) 24% of the post of the promotion quota shall be filled up by Sub-Treasury Officers with 3(three) years regular service in the grade.

(iii) 9% of the post of the promotion quota shall be filled up by Superintendents of Directorate of Accounts & Treasuries with 3(three) years regular service in the grade.

(iv) 6% of the post of the promotion quota shall be filled up by Superintendents of Directorate of Audit & Pension with 3(three) years regular service in the grade.

(v) 6% of the post of the promotion quota shall be filled up by Superintendents of Accounts with 3(three) years regular service in the grade.

NB:- Promotion quota of Superintendent of Accounts to the posts of FAO/TO shall stand phased out on retirement/death etc of existing incumbent officer(s).”

6. A reading of the extracted portion of the provisions of Schedule ‘A’ makes it discernible that 55% of the total number of posts shall be filled up by promotion from Assistant Audit Officers with 3(three) years of regular service in the grade; 24% of the 55% of the postsby promotion from Sub-Treasury Officers with 3(three) years regular service; 9% of the 55% of the posts by promotion from the post of Superintendents of Directorate of Accounts & Treasuries with 3(th