LAWS(GAU)-2012-5-22

TECHI JOBAC Vs. STATE OF ARUNACHAL PRADESH

Decided On May 02, 2012
TECHI JOBAC Appellant
V/S
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

(1.) This writ petition, under Article 226 of the Constitution of India, has been made by a direct recruit to the post of Assistant Engineer (in short, 'AE') in Rural Works Department, Govt. of Arunachal Pradesh, (in short, 'RWD') whereby he has sought for not only review of the judgment and order, dated 11.11.2002, passed by this Court, in WP(C) No. 196(AP)/2001, but also a direction to the State respondents to recall the seniority list, dated 31.03.2004, whereby the petitioner, though recruited in the year 2001, has been shown as junior to the respondent Nos. 4 and 5, namely, Nending Batt and Hage Akha, who were petitioners in WP(C) No. 196(AP)/2001, aforementioned. Heard Mr. B.C. Das, learned Senior counsel, for the writ petitioner, and Mr. A.M. Buzarbaruah, learned Senior Govt. Advocate, Arunachal Pradesh, for the State respondents.

(2.) In order to correctly appreciate what the grievance of the present petitioner is, it is apposite to take note of the facts with which respondent Nos. 4 and 5 came to this Court with the writ petition made under Article 226, which gave rise to WP(C) No. 196(AP)/2001, and the reasons, which impelled the Court to issue directions to the State respondents to count the promotion of the respondent Nos. 4 and 5 herein to the post of AE with effect from 10.06.1999, i.e., the date on which they had, admittedly, become eligible for promotion to the post of AE.

(3.) As noted in the judgment and order, dated 11.11.2002, which the petitioner seeks to get reviewed, the case of the writ petitioners, in WP(C) No. 196(AP)/2001, was, in brief, thus: