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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
NELSON SAILO
Phongam Josaham S/o Lt. W. Josaham – Appellant
Versus
State of Arunachal Pradesh represented by Chief Secretary, Govt of Arunachal Pradesh, Itanagar – Respondent
JUDGEMENT AND ORDER :
NELSON SAILO, J.
All these matters are being disposed of by this common order since the issues involved are common and similar.
[2.] Heard Mr. T. Pertin, learned counsel for the petitioners in WP(C)/315/2025 and WP(C)/424/2025. Also heard Mr. R. B. Yadav, learned counsel for the petitioners in WP(C)/269/2025; Mr. N. Ratan, learned Addl. Advocate General for the State respondents in all the cases and Mr. D. Panging, learned counsel for the private respondent in WP(C)/315/2025.
[3.] By filing these writ petitions, the petitioners seek for a direction to the respondent authorities to immediately hold Departmental Promotion Committee for considering the case for promotion to the post of Arunachal Pradesh Police Service (Entry Grade) hereafter referred to as APPS (EG) for short. According to the petitioners 19(nineteen) vacancies to the post in question has arisen between 09.03.2022 to 30.11.2023 and therefore, the vacancies should be filled up in terms of the Rules i
Promotions in the Arunachal Pradesh Police Service take effect from the date of the promotion order, not from the date a vacancy arises, as per the Arunachal Pradesh Police Service Rules, 1989.
The main legal point established in the judgment is the importance of considering the rules and directions applicable at the time of the availability of the vacancy, and the entitlement of the petiti....
The court established that the promotion process must strictly adhere to the applicable recruitment rules and reservation policies, and that the status of posts as reserved or un-reserved can be dete....
The main legal point established in the judgment is that the recommendation and promotion of the respondent No.4 to the post of DLR&SO were in accordance with the Post Based Roster and the reservatio....
Un-communicated adverse ACRs may not be relied upon for consideration of promotions.
The court established that promotions must respect the reservation policy while ensuring that prior valid appointments are not disturbed.
A candidate has a right to be considered in light of existing rules, which implies “rule in force” as on date consideration takes place.
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