WP(C)/572/2015 of SHRI BAKAR POTOM Vs THE STATE OF A.P. on 23 December 2015

Conclusion

WP(C) 5/72/201BEFOREHON'BLE JUSTICE (MRS) DR. INDIRA SHAHHeard Mr. R. Sonar, learned counsel for the petitioners and Ms. G. Deka, learnedSenior Government Advocate for State respondent No. 1 as well as Mr. T. Bayor,|Learned standing counsel, Rural Department for respondent Nos. 2 & 3.Tne petitioners nerein have peen working as Extension Officer/Progress Assistantin tne Rurat Development Department, Government of Arunacnat Pradesh. Atlegation of the petitioners is that they being senior nave been superseded by the private respondent Nos. 4 & 5 vide impugned order dated 31st July 2015, whereby the private respondent nave been appointed as Extension Officer and Progress Assistant on officiating basis.The petitioners earlier approached tnis Court and this Court vide order dated 09.09.2015 passedq in WP (C) 386 (AP) 2015 disposed of the writ petition at the mo10n stage itself with a direction to the respondent authorities to disposed of tne representation filed by the petitioners in accordance with law with a reasoneqd and speaking order considering the grievances so raised by the petitioners. Acordingly, tne Commissioner Rurat Development Department vide order dated 15tn October 2015 disposed of the representation of the petitioners witn following observati1on“Government of Arunacnat PradesnDepartment of Rurat DevelopmentItanagarNo. CD-301/2012(E)/PIT-IV, Datea Itanagar the 15th October 2015ORDERTne undersigned 1S in receipt of the complaint Letter dated 14/08/2015 submittedto the Cnief Secretary, Government of Arunachal Pradesn, by Shri Kirken Doji1, A & 6 others of this department, alleging that the officiating promotion/arrangement made in favour of Snri Tiwan Dolo, APO(M) and Shri M. F. Bengia, PA to thepost of Joint BDO nas been done by way of suppression of the seniority positionof the petitioners and respondents.The complainants in the name of Shri Bokar Potom & 2 others nave also filed a writ petition vide WP (C) No.3860(AP)/2015 challenging the officiating promotion efore tne Honourable High Court, Itanagar, Permanent bencn, Nanartlagun. The Honurable High Court nas disposed of the petition on 11/09/2015 by directing the unaqersigned to dispose of the representation dated 14/08/2015, 1n accordance witnLaw, with a reasoned and speaking order considering the grievances so raised bythe petitioners witnin a month. Heard the petitioners and respondents on 15/10/2015 and as directed by the Honourable High Court, the undersigned disposes of their representation as follows;-1.Tnat Shri Tiwan Dolo, who was nolding the post of APO(M), and Shri M. F.Bengia, PA owing to the exigency of service have been temporarily given officiating promotion to tne post of Joint BDO respectively in tneir own pay and grade.Tnat, since, they nave been given officiating promotion only and no DPC nas taken place, consideration of seniority and vigilance clearance does not arise at tNis point.2.However, since as per RR, the department 1S required to nota DepartmentatL promotion Committee for allt vacant promotion posts, the individual ACRS and gilance clearance of all officers falling within the zone of consideration for tne vacant posts to be appointed by DPC must be expedited by the Rurat Development Department such tnat DPC is neld within tne current financial year itself.3.A stated above, since the officiating promotion 1s purely temporary as such there 1S no violation of any law and Recruitment Rule, Accordingly, the representation dated 14/08/2015 submitted by the petitioners 1S disposed of.(Indira Matto) I1L.ACommissioner Rurat DevelopmentGovernment of Arunachal PradesnItanagar.”Thus, it 1S evident from the order dated 15th October 2015 that the respondent a

uthority 1S going to nota DPC within current financial year. AS submitted at bar, Witnout entering into the merit of tne case, this writ petition 1S disposed ofwitn a Simple direction to the respondent authorities to hota the DPC within 90(ninety) days w.e.T. receipt of copy of this order and to consider the case of tne petitioners, in accordance with tne recruitment rules.Accordingly, witn tne above direction tnis writ petition 1S disposed of.