IMPORTANT POINT
The seniority of unskilled contingency staff is determined by their continuous service in the relevant establishment, not by prior attachments.

JUDGMENT :

(N. Unni Krishnan Nair, J.)

Heard Mr. T. T. Tara, learned counsel for the petitioner. Also heard Ms. R. Basar, learned Government Advocate for the State respondent Nos. 1 & 2 and Mr. G. Tarak, learned counsel for the respondent Nos. 3 & 4.

2. The petitioner by way of instituting the present proceedings has challenged the provisional seniority list, dated 08.09.2021, of the Unskilled Contingency Staff engaged in the establishment of the Director, Economics and Statistics, Government of Arunachal Pradesh. The petitioner has also assailed the final seniority list, dated 07.06.2023, of the unskilled contingency staff working in the establishment of the Director, Economics and Statistics, Government of Arunachal Pradesh, Itanagar to the extent that the seniority position of the petitioner was depressed therein and she came to be placed below her juniors i.e. the respondent Nos. 3 & 4 herein.

3. As projected in the writ petition, the petitioner was initially appointed as an unskilled contingency staff, vide an order dated 03.09.2008, issued by the Director, Economics and Statistics, Government of Arunachal Pradesh. The petitioner on her such appointment was attached with the District Statistical Officer, Ziro, Lower Subansiri District, Arunachal Pradesh. The petitioner on receipt of the said order of appointment proceeded to join her services by submission of a joining report on 06.10.2008 before the District Statistical Officer, Ziro.

4. It is contended that the petitioner basing on a request made by her, she came to be transferred and posted to the establishment of the Director, Economics and Statistics, Government of Arunachal Pradesh, Itanagar until further orders, vide order dated 25.04.2012, issued by the Director, Economics and Statistics, Government of Arunachal Pradesh, Itanagar. The petitioner joined the establishment of the Directorate on 07.05.2012 and thereafter has been continuing to discharge her duties therein.

5. Vide communication, dated 20.03.2018, a provisional seniority list in respect of unskilled contingency staff under the establishment of the Director, Economics and Statistics, Government of Arunachal Pradesh, Itanagar was circulated and therein, the name of the petitioner herein was placed at serial No. 1 while the respondent Nos. 3 & 4 were so placed at serial No. 2 & 3. At this stage it is to be noted that the respondent Nos. 3 & 4 were so appointed as unskilled contingency workers in the Directorate on 24.03.2011 and 02.05.2012 respectively. The said provisional seniority list as circulated vide the communication, dated 20.03.2018, was not finalized and the respondent authorities proceeded to issue a fresh provisional seniority list vide communication, dated 08.09.2021, for the Directorate and therein, the name of the petitioner was placed at serial No. 3, below the respondent Nos. 3 & 4. Being aggrieved, the petitioner submitted her objection to her placement in the said provisional seniority list by submitting a representation, dated 22.09.2021.

6. The respondent authorities after considering the claims and objections so received in the matter, in pursuance to the circulation of the provisional seniority list vide the communication, dated 08.09.2021, proceeded to finalise the same and vide the communication, dated 07.06.2023, the seniority list of the unskilled contingency staff under the establishment of the Director, Economics and Statistics, Government of Arunachal Pradesh, Itanagar was so finalized. In the final seniority list as circulated vide the communication, dated 07.06.2023, the petitioner was place at serial No. 3 whereas the respondent Nos. 3 & 4 were so placed at serial No. 1 & 2 respectively.

7. Being aggrieved, the petitioner has instituted the present proceedings.

8. Mr. T. T. Tara, learned counsel for the petitioner after having made his elaborate submissions in the matter, both on the questions of law as well as on facts, had submitted that the assignment of the seniority positio