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THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO, MITALI THAKURIA
Netan Tsering Son Of Late Namge Dorjee – Appellant
Versus
State Of Ap – Respondent
JUDGMENT :
Nelson Sailo, J.
Heard Mr. B. Picha, learned counsel for the appellant and Mr. N. Ratan, learned Addl. Advocate General for the State respondents. This is a writ appeal filed by the appellant/writ petitioner (hereafter referred to as the petitioner) against the Judgment & Order dated 12.04.2024 passed by the learned Single Judge in WP(C) No. 250 (AP)/2023 dismissing the writ petition.
2. The facts of the case in brief is that the petitioner joined as Forester (Grade-II) on 15.06.1987 in the Department of Environment & Forest, Govt. of Arunachal Pradesh and is working as such since then. It is the case of the petitioner that ever since he joined in service, he has not earned any promotion till date. As per the Arunachal Pradesh Forest Department (Executive Service) Recruitment Rules, 1974 (Rules of 1974), the next promotional post from the post of Forester (Grade-II) is to the post of Dy. Forest Ranger (DFR) and the method of promotion is by way of seniority-cum-merit from amongst the Foresters (Grade-II) who have rendered not less than 5 years of service. Further, 75% of the vacancies are reserved for matriculate Foresters (Grade-II) whi
Executive instructions can supplement statutory recruitment rules but cannot conflict with them, and requirements for promotion do not violate constitutional rights if applied universally.
Executive instructions can supplement statutory rules if they are silent on an issue, and the impugned orders were found to be in the interest of public and administrative exigencies.
The amendment mandating a Bachelor's Degree for certain promotions was constitutionally valid, emphasizing the employer's prerogative to set qualification standards related to job responsibilities.
It is now a well-settled principle of law that an executive order must be passed in conformity with rules. Power of State Government to issue executive instructions is confined to filling up of the g....
The right to consideration for promotion is governed by the rules in effect at the time of consideration, not those in place when vacancies arose.
The power of relaxation in recruitment rules cannot override substantive mandates for promotion, ensuring adherence to constitutional rights to equality and fair promotion processes.
The court ruled that revising an employee's promotion without providing a fair opportunity violates natural justice and relevant statutory rules.
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