WP(C) 333(AP)/2015. Gauhati High Court

Case NumberWP(C) 333(AP)/2015
Judgement DateMarch 31, 2021
CourtGauhati High Court

IN THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)

ITANAGAR PERMANENT BENCH

WP(C) 333 (AP)2015

  1. Shri Nabam Ana,

    Office of the DFO (Social Forestry Division) Arunachal Pradesh, Mobile No.961565370

  2. Mrs. Dopi Kamsi,

    Office of the PCCF I tanagar, Govt. of Arunachal Pradesh.

  3. Mrs. Taba Sangte,

    Office of the RFO Naharlagun, Social Forestry Division,

    Govt. of Arunachal Pradesh.

  4. Mrs. Sabitri Biswakarma,

    Office of the DFO (Social Forestry Division) I tanagar, Govt. of Arunachal Pradesh,

    ……Pet it ion er s

    -Versus-

  5. The State of Arunachal Pradesh,

    Represented by Chief Secretary, Government of Arunachal Pradesh, Itanagar, Arunachal Pradesh.

  6. The Principal Secretary,

    Enviroinment and Forest,

    Govt. of Arunachal Pradesh,

    I tanagar.

  7. The Secretary Environment and Forest Govt. of A.P. I tanagar.

  8. The Principal Chief Conservator

    By Advocates:

    Mr. N. Nibo,Advocate, Mr. H. Lampu,Advocate

    Mr. N. Opo, Advocate

    Mr. N. Kago, Advocate

    of Forest, Govt. of Arunachal Pradesh,

    I tanagar.

  9. The Addl. Principal Chief Conservator of Forest, (working Plan & Conservation) Govt. of A.P. I tanagar,

  10. The Chief Conservator of Forest, Cum-Director, SFRI , Chimpu, I tanagar, Govt. of A.P.

  11. The Chief Conservator of Forest, Central Arunachal Pradesh Circle, Pasighat, Govt. of A.P.

  12. The Chief Conservator of Forest, Southern Arunachal Circle,

    Demaji, Govt. of Arunachal Pradesh.

  13. The Chief Conservator of Forest, Eastern Arunachal Pradesh, Tezu, Govt. of A.P.

  14. The Chief Conservator of Forest, Western Arunachal Circle,

    Banderdewa, Govt. of A.P.

  15. The Conservator of Forest (HQ), Govt. of A.P. I tanagar.

  16. The Divisional Forest Officer,

    Social Forestry Division,

    I tanagar, Govt. of A.P.

  17. Smti Sartam Birmati,

    Office Peon, office of the DFO, (Social Forestry Division)

    I tanagar, Arunachal Pradesh.

  18. Smti Joram Joya

    Office Peon, office of the DFO, (Social Forestry Division)

    I tanagar, Arunachal Pradesh.

  19. Smti Lod Punyi

    Office Peon (Multi Tasking Staffs)

    Office of the PCCF & Principal Secretary, (E & F) I tanagar, Arunachal Pradesh.

  20. Smti Yanam Leya,

    Office Peon (Multi Tasking Staffs)

    Office of the PCCF & Principal Secretary, (E & F ) I tanagar, Arunachal Pradesh.

  21. Smti Tana Meena

    Office Peon (Multi Tasking Staffs) Office of the PCCF & Principal Secretary, (E & F) I tanagar, Arunachal Pradesh.

  22. Smti Sosar Yage

    Office Peon (Multi Tasking Staffs)

    Office of the PCCF & Principal Secretary, (E & F ) I tanagar, Arunachal Pradesh.

    …..Respon den t s

    By Advocates:

    Mr. S.Tapin, Sr. Govt. Advocate

    (Respondents No.1 to 12) Mr S.Tashik,Advocate Sage I slam, Advocate (Respondent Nos. 13 & 14) Ms N. Danggen,Advocate

    O. Perme, Advocate, (Respondent Nos. 15 to 18)

    :::BEFORE:::

    THE HON’BLE MRS. JUSTICE RUMI KUMARI PHUKAN

    Date of hearing : 21-02-2017

    Date of Judgment & Order : 31.03.2017

    JUDGMENT & ORDER (CAV)

    Heard Mr. N. Nibo, learned counsel for the petitioners and Ms. N. Danggen, learned counsel appearing for respondent nos. 1 to 12 and Mr S.Tashik, learned counsel appearing for respondent nos. 13 and 14 and Ms. N. Danggen, learned counsel, appearing for respondent nos. 15 to 18.

  23. The four petitioners herein working as contingent / casual workers in the office of Principal Chief Conservator of Forest (PCCF), I tanagar, Divisional Forest Office,

    (DFO), Social Forestry Division, Itanagar and Range Forest Officer, (RFO), Social Forestry Division, Naharlagun under the Department of Forest and Environment., Govt. of Arunachal Pradesh. Grievance raised by the petitioners herein is that they are deprived of their regularisation of service by the respondent authorities. It is submitted that the Department of Forest and Environment, Govt. of Arunachal Pradesh have 35 number of vacancies of Group D post and all Arunachal Pradesh Workers Union has submitted a representation on 9.10.2012 for appointment of casual/ contingent workers on regular/ adhoc basis who have attained the service of 10 to 15 years to avoid random appointments, similar appointment of contingent workers that has been given to one Smti Ruhi Taru Yatung.

  24. As per the recruitment rules of Group D post vide gazette notification dated

    6.11.2008, an amendment recruitment rules 17.09.2010 and 27.01.2011, such Group D Post are to be filled up from 25% of the casual workers who have been working in the Department for more than 20 years and 75% of the post will be filled up through Direct Recruitment on the basis of examination on the subject English, General Knowledge, Mathematics and viva voce. I t is submitted that as per information obtained through RTI , there are 33 posts of vacancies, out of which 8 persons were appointed without any interview under 25% of reserved category and now the respondent authorities without having any appropriate law processed for regular appointment of casual/ contingent workers of the Department showing only 26 vacant posts from the 33 numbers existing vacancy in the department and formulated the process of appointment for the Group D post by...

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