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 and laches, which prioritize administrative stability and the finality of service records over stale grievances.

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 Revenue and Settlement Officer (DLR&SO). Pending disposal of the writ petition, the petitioner has sought for an interim order for staying/suspension of the DPC Minutes both dated 23.06.2023 (Annexure – 37). This Court, while issuing notice of motion on 26.07.2023, had passed an interim order staying the DPC Minutes both dated 23.06.2023 and the interim order continues as on today.

[3.] The case of the petitioner in brief is that he was appointed to the post of Supervisor Kanungo (hereafter referred as SK for short) in the Department of Land Management vide Order dated 24.08.2009 (Annexure – 10), pursuant to the recommendation made by the Constituted Board. The petitioner, after being appointed as such, was sent for Special Class Course Training at Assam Survey & Settlement Training Centre, Dakhingaon, Guwahati and successfully completed the training and his name appeared at Serial No. 29 of the Notification dated 02.06.2011 (Annexure – 11) by which the names of the successful trainees were notified.

[4.] The petitioner after serving about six (6) years as SK, was promoted to the post of Assistant Survey and Settlement Officer (AS&SO) on Officiating basis against the vacancy caused on account of superannuation of the incumbent concerned on the basis of the representation submitted by him to the Director of Land Management, Government of Arunachal Pradesh on 21.01.2016. The Officiating promotion was issued vide Order dated 02.02.2016 (Annexure – 20). Subsequently, the constituted DPC, which sat on 29.12.2016, found the petitioner fit for promotion and regularized his service from the date of his Officiating appointment. Accordingly, vide Order dated 29.12.2016 (Annexure – 23), the petitioner was given the promotion to the post of AS&SO w.e.f. 02.02.2016. Be stated herein that the post of Plane Tabler (PT) was re- designated as AS&SO vide Order dated 19.12.2014, which was published in the Arunachal Pradesh Gazette Notification dated 19.01.2015 (Annexure – 16).

[5.] The next promotional post from the post of AS&SO is to the post of District Land Revenue and Settlement Officer (DLR&SO) in terms of the Land Revenue and Settlement Officer, Group ‘B’ (Gazetted) Recruitment Rules, 2006 (Rules of 2006) and its amendment i.e., the District Land Revenue Settlement Officer Recruitment (Amendment) Rules, 2015 (Amendment Rules of 2015). As per the Amendment Rules of 2015, the post of DLR&SO may be filled up by promotion from Assistant Settlement & Survey Officer (AS&SO) having five (5) years of regular service in the grade, or from Surveyor who has rendered eleven (11) years of service in the grade, or from Recorder Kanungo/SK who has rendered fifteen (15) years of service in the grade, possessing the educational qualification of Graduation or a Bachelor’s degree in an