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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 in force when the vacancies have occurred. The petitioners contend that proposal for conducting DPC for promotion to the rank of APPS(EG) was sent by the Office of the Director General of Police, Police Hea
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.
when a new post is created, the concept of Rules obtaining when the vacancies arose is inappiicable as what is created is a new post on account of re-structuring of the cadre.
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....
The eligibility for promotion and consideration in DPCs is determined by the rules prevalent at the time of consideration, and vacancies are not to be filled invariably by the law existing on the dat....
The court established that promotions must respect the reservation policy while ensuring that prior valid appointments are not disturbed.
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