J U D G M E N T

[1] Heard Mr. Kh. Tarunkumar, learned senior counsel assisted by Ms. Kh. Nirmala, learned counsel appearing for the petitioner and Mr. Boboy Potsangbam, learned CGSC appearing for the respondents.

The only issue to be decided in the present writ petition is whether the petitioner is entitled to get promotion and seniority retrospectively with effect from the date of vacancy of the post or with effect from the date [2]

of her actual promotion given on the basis of the recommendation made by the DPC.

[2] The case of the petitioner is that she was initially appointed as Laboratory Assistant in RIMS along with another person, viz., Shri Gambhirsana Yanglem by an order dated 19-12-2006 issued by the Director, Regional Institute of Medical Sciences (RIMS). The said appointment was in order of merit and in the said order, the name of the petitioner is at Sl. No. 2. Subsequently, the Administrative Officer, RIMS notified the Tentative Seniority List of Laboratory Assistants, RIMS, and in the said seniority list, the name of the petitioner is at Sl. No. 6 while the name of Shri Gambhirsana Yanglem is at Sl. No. 5. It has been stated by the petitioner in her petition that as no objection was filed by anybody, the said tentative seniority list became final.

[3] On 24-06-2017, the Director, RIMS issued an order promoting three Laboratory Assistants, whose names appeared at Sl. No. 3, 4 and 5 of the aforesaid tentative seniority list, to the higher posts of Laboratory Technician w.e.f. 23-06-2017. After issuance of the said order, the petitioner become the senior most Laboratory Assistant in RIMS.

[4] Two posts of Laboratory Technician become vacant w.e.f. 31-07-2018 and 31-08-2018 due to the retirement of the two incumbents holding the said posts on attaining the age of superannuation. As two vacant posts of Laboratory Technician were available in RIMS and being the senior most incumbents holding the feeder post, i.e., Laboratory Assistant, the petitioner submitted a representation dated 14-03-2019 to the Director, RIMS requesting to take up necessary steps to promote her to the [3]

post of Laboratory Technician. Subsequently, on the recommendation of the DPC meeting held on 09-09-2019, the petitioner was appointed on promotion as Laboratory Technician in RIMS w.e.f. 14-08-2019, vide order dated 11-09-2019 issued by the Deputy Director (Admn.), RIMS.

[5] Having been not satisfied with the effective date of her promotion, the petitioner submitted two representations to the Director and Deputy Director (Admn.) of RIMS requesting for giving her promotion to the post of Laboratory Technician w.e.f. the date of occurrence of the vacancy, i.e., 01-08-2018 in place of 14-08-2019, i.e., the effective date of her promotion. When the authorities failed to consider the said representations, the petitioner approached this court by filing the present writ petition for redressing her grievances.

[6] Mr. Kh. Tarunkumar, learned senior counsel for the petitioner submitted that as per the consolidated instructions contained in Office Memorandum dated 10-04-1989 issued by the Central Government, it is, inter alia, provided that the DPC should be convened at regular annual interval to draw panels which could be utilised on making promotion against a vacancy occurring during the course of a year and that the DPC could be convened every year if necessary on a fixed date either in the month of April or May. The learned senior counsel submitted that even though two vacant posts of Laboratory Technician were available in RIMS in the month of July and August, 2018, the authorities of RIMS did not hold the DPC for filling up the said two posts in time despite the clear instructions as contained in the aforesaid O.M. of the Central Government and such lapses on the part of the RIMS authorities has deprived the petitioner of getting her [4]

promotion at an earlier point of time. The learned senior counsel also submitted that in the case of Shri Gambhirsana Yan