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.

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 Head Quarters, Itanagar on 21.12.2023 to the Deputy Secretary to the Govt. of Arunachal Pradesh, Home Department and that as per the information furnished to the petitioners, number of vacant post from 01.03.2022 to 06.12.2023 is 19 (nineteen) posts. Despite the proposal, since the official respondents have failed to take any steps to complete the process of the DPC the petitioners are before this Court.

[4.] It may be stated herein that the Arunachal Pradesh Police Service Rules, 1989 which provides for promotion to the post of APPS(EG) from the post of Inspector of Police was amended by the Arunachal Pradesh Police Service (Amendment) Rules, 2006 (Rules of 2006) and the same was notified on 03.08.2006. Rules 6 of the Rules of 2006 provides for the amendment of Rule 12(1) of the Principal Rules and substituting the same with Rule 12 (i) (a) which provides that the Departmental Promotion Committee shall consider from time to time the cases of Officers eligible under Sub-Clause (iv) of Clause (b) of Rule 5 who have served in the cadre of Inspector of Police including Arunachal Pradesh Police (Civil), Arunachal Armed Police Battalion and Indian Reserved Battalion etc., for not less than 5 years and prepare the list of Officers recommended taking into account the actual vacancy at the time of selection and those likely to occur in the year. The Selection shall be made on the basis of merit-cum-seniority. In other words the amended Rules of 2006 provides an opportunity for persons in the cadre of Inspector of Police, Civil, Armed Battalion or Reserved Battalion not having less than 5 years of service to be considered for promotion to the APPS (EG).

[5.] Subsequently, the Rules of 2006 was amended by the Arunachal Pradesh nd Police Service (2 Amendment) Rules, 2023 (Rules of 2023) which came into force from the date of its publication in the Official Gazette i.e., 28.12.2023. As per Rules 4 (iv) of the Rules of 2023, Rule 5 (1) in Clause (c) of Sub-Rule (1) of Rule 5 in the existing entries is to be substituted. Rule 4(iv) provides that APPS (EG) post of Sub-Divisional Police Officer/ Deputy Superintendant of Police/Assistant Commandant (AAPBn) Assistant Commandant (IRBn) shall be filled up by promotion from amongst the eligible Officers belonging to the respective feeder Grade/Cadre/Post of Inspector of Police (Civil/AAPBn/IRBn) as specified under Clause (b) (i) of Sub-Rule (1) of Rule 12 and Rule 26. In other words personnel belonging to the respective feeder grade of Inspector of Police either Civil, AAPBn or IRBn would be eligible for promotion in their respective feeder grade cadre.

[6.] The Rules of 2023 was again amended by the Arunachal Pradesh Service (Amendment) Rules, 2025 (Rules of 2025) which came into force from the date of its publication in the