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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
NELSON SAILO
Nakap Hina Nabam, S/o - Tarum Hina Nabam – Appellant
Versus
State of Arunachal Pradesh, Represented by the Chief Secretary – Respondent
JUDGMENT :
NELSON SAILO, J.
Heard Mr. T. Tagum, learned counsel for the petitioner. Also heard Mr. N. Ratan, learned Additional Advocate General, Arunachal Pradesh, for the State respondents; Mr. T. T. Tara, learned counsel for the respondent No. 4 and Mr. L. Perme, learned counsel for the respondent No. 5.
[2.] By filing this writ petition, the petitioner has sought for setting aside and quashing the Meeting Minutes of the Review Departmental Promotion Committee (DPC) dated 23.06.2023 (Annexure – 37) also the Meeting Minutes of the DPC dated 23.06.2023 (Annexure – 33), Officiating appointment of the respondent No. 4 vide Order dated 11.06.2003 (Annexure – 2), Officiating appointment Order of the respondent No. 5 vide Order dated 27.02.2004 (Annexure – 3) and the Order dated 19.01.2005 (Annexure – 5) by which the Officiating Appointment of the respondent Nos. 4 & 5 have been regularized from the date of sitting of the DPC i.e. 19.01.2005 (F/N). The petitioner has also sought for a direction for giving effect to the Minutes of the DPC dated 18.10.2022 (Annexure – 29), by which he and the respondent No. 4 have been found fit to be promoted to the two (2) vacant posts of District Land Re
An illegitimate promotion violating recruitment rules and seniority is void ab initio and curable via review. Challenges to long-settled appointments are unsustainable under the principles of delay a....
The right to promotion constitutes a fundamental right under Article 16, and arbitrary actions by regulatory bodies that deny such rights are unlawful.
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 main legal point established in the judgment is the compliance with the Division Bench's directions and the applicable provisions of law in rejecting the petitioner's claim.
Appointing authority cannot selectively reject DPC recommendations for eligible candidate while accepting for others without following Handbook procedure for disagreement; must ensure equal treatment....
Where specific service rules vest the power of appointment to a high-ranking administrative post in executive authorities, such provisions are exhaustive. General committee-based promotion procedures....
Promotion decisions must consider overall service record and misconduct penalties; seniority alone does not guarantee promotion.
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