WA 9(AP)/2015. Gauhati High Court
| Case Number | WA 9(AP)/2015 |
| Judgement Date | March 29, 2021 |
| Court | Gauhati High Court |
THE GAUHATI HI GH COURT
(The High Court of Assam : Nagaland: Mizoram and Arunachal Pradesh)
I TANAGAR PERMANENT BENCH
WA 09 ( AP) / 2015
Shri Himmer Ete,
S/ o. Shri Minchi Ete,
Permanent resident of Sipu Puyi,
PO & PS- Aalo, West Siang District,
Arunachal Pradesh.
(presently serving as Deputy Director, Department of Urban development & Housing), Basar Division, West Siang District,
Arunachal Pradesh).
.........Appellant
-Versus-
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The State of Arunachal Pradesh, represented by the Secretary, Department of Urban Development & Housing, Govt. of Arunachal Pradesh, I tanagar.
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The Director, Department of Urban Development & Housing, Govt. of Arunachal Pradesh, I tanagar.
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Shri Taring Darang, presently serving as Joint Director on functional basis, in the Urban Development & Housing Department, PO/ PS- I tanagar, Papumpare District, Arunachal Pradesh.
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Shri Marcony Potom, Deputy Director, Urban Development & Housing Department, Aalo Division, PO/ PS- Aalo, West Siang District, Arunachal Pradesh.
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Shri V.P. Singh, Deputy Director, Urban Development & Housing Department, Tawang Division, PO/ PS- Tawang, Tawang District, Arunachal Pradesh.
WA 09(AP)/2015 – DB- Oral dtd. 29/03/2017 Page 1 of 15
BEFORE
THE HON’BLE MR. JUSTI CE SUMAN SHYAM THE HON’BLE MR. JUSTI CE AJI T BORTHAKUR
For the appellant : Mr. N. Ratan, Adv. For the respondent : Mr. D. Soki, GA, AP
Mr. P.K. Tiwari, Sr. Adv.
Mr. K. Sexena, Adv.
Date of hearing and judgement : 29/ 03/ 2017
JUDGEMENT AND ORDER (ORAL) Su m an Sh yam , J
Heard Mr. N. Ratan, learned counsel appearing for the appellant. Also heard Mr. P.K. Tiwari, learned senior counsel assisted by Mr. K. Sexana, learned counsel representing respondent nos. 3, 4 and 5. Mr. D. Soki, learned Additional Senior Government Advocate, Arunachal Pradesh, is present on behalf of the official respondents.
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This writ appeal is directed against the judgement and order dated 04/ 11/ 2013 passed by the learned Single Judge in WP(C) No. 325(AP)/ 2008, dismissing the writ petition filed by the present appellant.
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The brief factual matrix of the case, necessary for disposal of the appeal are as follows :-
I . The appellant-writ petitioner holds the degree of B. Tech in Civil
Engineering. On 04/ 02/ 1994, the appellant was appointed as a Junior Engineer in the PWD, pursuant whereto he had joined the said post on 10/ 03/ 1994. Around that time, the respondent no. 3 was also
WA 09(AP)/2015 – DB- Oral dtd. 29/03/2017 Page 2 of 15
appointed as a Junior Engineer (JE) in the department of I rrigation and Flood Control (I & FC), Government of Arunachal Pradesh, in which post he had joined on 10/ 06/ 1994. The respondent no.4 joined in the PWD Department as a Junior Engineer(JE) on 09/ 10/ 1992 whereas the respondent no. 5 had joined the Public Works Department as a Junior Engineer on 19/ 09/ 1981.
I I . I n the year 1996, the Government of Arunachal Pradesh had created a new department, namely, the Urban Development and Housing (UD &
H) Department. Since there was shortage of manpower to man the newly created department, a number of officers were taken on deputation from different department. Accordingly the appellant had applied for deputation to the department of UD & H opting for the post of Assistant Urban Programme Officer (AUPO) as well as Urban Programme Officer (UPO). The post of AUPO is equivalent to the post of Junior Engineer (JE) in the PWD.
I I I . Although the appellant had given option for both the posts as aforementioned, yet, his request for deputation appointment was accepted by the borrowing department against the post of AUPO. Consequently, the order dated 10/ 12/ 1997 was issued appointing the appellant as an AUPO in the UD & H department on deputation basis, initially for a period of 2 (two) years from the date of taking over charge. I n terms of the order dated 10/ 1/ 1997, the petitioner had joined as AUPO on 29/ 12/ 1997.
I V. Around the same time, the respondent nos. 3, 4 and 5 had also opted for deputation appointment in the UD & H Department against the
WA 09(AP)/2015 – DB- Oral dtd. 29/03/2017 Page 3 of 15
post of UPO. Their applications having been accepted, the respondent no. 3 was appointed as UPO on 10/ 12/ 1997 itself, in which post he joined on 30/ 12/ 1997. Similar orders for appointment on deputation basis were issued in favour of respondent nos. 4 and 5 as well for the post of UPO and they had joined in the deputation posts on 16/ 06/ 1998 and 22/ 07/ 1998 respectively.
V. On 05/ 02/ 2001, the Secretary to the Urban Development Department, Government of Arunachal Pradesh, issued an order dated 05/ 02/ 2001, permanently absorbing the appellant as an AUPO in the UD & H Department with effect from the date on which he had joined the department on deputation. I n the order dated 05/ 02/ 2001, it was interalia mentioned that the inter se seniority of officers absorbed shall be effective from their date of joining on deputation as AUPO and that the service experience would be reckoned from the date of joining their parent department.
VI . There was no service rule at the advent of the new department of UD
& H, and therefore, the department had framed a draft Service Rules in the year 1996, which could, however, not be finalised immediately. As per the draft rules of 1996, the post of AUPO was one of the feeder cadre for filling up the next higher post of UPO. The draft recruitment rules of 1996 provide that 50% post of the UPO was to be filled up by direct recruitment whereas the remaining 50% by way of promotion from AUPO/ Deputation/ Transfer basis. The draft rules further provide that AUPOs who have completed 5 (five) years of service, for degree holder in Civil Engineering, or 10(ten) years of...
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