PHUKAN TECHI Vs. STATE OF ARUNACHAL PRDESH

JUDGEMENT

(1.) Heard Mr. T.Pertin, learned counsel for the petitioners and also heard Mr. B.L. Singh, learned Senior Govt. Advocate, appearing on behalf of the respondents.

(2.) The case of the petitioners inter alia is that they are at present serving as Assistant Director of Industries under the department of Industries in the State of Arunachal Pradesh. The petitioner No. 1 was appointed as Extension Officer in the department of Industries on 27.11.1980 by way of direct recruitment. Thereafter he was promoted to the rank of Assistant Director of Industries in the year 1991. Petitioner No. 2 was also appointed as Extension Officer in the department of Industries on 21.4.1981 by way of direct recruitment and subsequently, he was promoted to the rank of Assistant Director of Industries on 29.8.1981. Similarly, the petitioner No. 3, who having the qualification of Pre-University Science with ITI certificate of Motor Vehicle mechanic was initially appointed as Motor mechanic Instructor at ITI under the Department of Industries and sub-sequently, he was appointed as Extension Officer in the department of Industries on 29.10.1983 on promotion. Thereafter, he was promoted to the rank of Assistant Director of Industries on 24.8.1995. All the three petitioners are under graduate and are continuing in the aforesaid capacities as Assistant Director of Industries.

(3.) The next course of promotion of the petitioners from the post of Assistant Director of Industries to the Deputy Director of Industries, during the relevant time, was regulated and guided by a set of rules called the Deputy Director of Industries (Group "A" General Central Services Gazetted) Recruitment Rules, 1985 framed by the State Govt. vide notification No. IND/ESTT/72/81 dated 29.1.1995. In terms of the said rules, the post of Deputy Director of Industries was a selection post wherein 50% of the post was to be filled up by way of promotion from the feeder cadre of Assistant Director of Industries. There is no specific mention in the said rules about the educational qualifications to hold the promotional post of Deputy Director of Industries. However, the educational qualifications are mentioned/prescribed for the post of Deputy Director of Industries to be filled up by way of transfer/deputation/direct recruitment was fixed as minimum 50% marks in Degree in Engineering/P.G. Diploma in the disciplines mentioned for Assistant Director of Industries or M.A./M.SC. in Mathemat- ics/Economics/Commerce/Statistics with at least 5 years experience in any Govt. private Engineering/Industrial concerned.