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KARDAK ETE
Moli Tatu, S/o Late Semmo Riba – Appellant
Versus
State Arunachal Pradesh – Respondent
| Table of Content |
|---|
| 1. challenge regarding promotion regularization (Para 2 , 3 , 4 , 5) |
| 2. arguments against prospective promotion decisions (Para 11 , 14 , 15 , 16) |
| 3. determination of retroactive promotion date (Para 28 , 29) |
| 4. entitlement to retrospective regularization (Para 50 , 51 , 53 , 54) |
| 5. court's directive for fresh dpc meeting (Para 57) |
JUDGMENT :
Heard Mr. R. Saikia, learned counsel for the petitioners and Mr. R.H. Nabam, learned Additional A.G for the State Respondents.
2. By this writ petition, the petitioners, three (3) in numbers have challenged the recommendation of Departmental Promotion Committee (DPC) dated 07.09.2020 and the consequent order No. Sectt/PHE(Estt)-161/2012 Pt-I/631 dated 05.10.2020 whereby services of the petitioners as adhoc Assistant Engineer (Civil) in Public Health Engineering & Water Supply Department (“PHE&WS” in short) have been regularized w.e.f. the date of DPC i.e. 07.09.2020. The petitioners have prayed for a direction for regularization/promotion of the services of the petitioners as Assistant Engineer (Civil) in PHE&WS Department with re
If an appointment is made by way of stop gap arrangement without considering claims of all the eligible available persons and without following rules of appointment, experience on such appointment ca....
Promotion effective from date granted, not vacancy date; DPC recommendations advisory, no right to retrospective effect despite litigation delays; ad hoc promotions regularized notionally from ad hoc....
Promotion rights are not absolute; retrospective promotions require clear vacancies and adherence to procedural rules, which were not met in this case.
Promotions take effect from the date granted, not from the date of vacancy, and retrospective seniority cannot be assigned.
Adhoc service beyond promotional quota and dehors rules, even if continuous till regularization, cannot be counted for seniority or benefits as it is stop-gap and fortuitous.
Promotion and seniority can only be awarded retrospectively when vacancies exist at the time of officiating promotions, and the Department must reevaluate claims based on factual evidence.
Court emphasized that administrative decisions regarding promotion and seniority must adhere to established rules and principles, ensuring equitable treatment for all eligible individuals.
Seniority is to be counted from date of substantive appointment and substantive appointment means, an appointment, not being an ad hoc appointment, on a post in cadre of service, made after selection....
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