Decided on February 19,2018

Hali Tajo Appellant


AJIT BORTHAKUR - (1.) Heard Ms. S. Wanglet, learned counsel appearing for the petitioner and Mr. S. Tapin, learned Sr. Govt. Advocate appearing for the state respondents. None has appeared on behalf of private respondent Nos. 3 and 4.
(2.) By preferring the instant petition under Article 226 of the Constitution of India, the petitioner, who is a Fishery Officer, (For short 'F.O.') in the office of the District Fishery Development, Seppa, East Kameng District, Arunachal Pradesh, has challenged the legality and validity of the recommendations, dated 31.03.2011, of the Departmental Promotion Committee (For short 'DPC') of the Department of Fisheries, Govt. of Arunachal Pradesh for promotion of Shri R. N. Pradhan and the respondent No. 4, Shri Nabam Tania to the post of District Fishery Development Officer (for short 'DFDO') and promotion orders, dated 19.06.2009 and 21.06.2011 in respect of respondent Nos. 3 and 4 respectively, as DFDO. The petitioner has further prayed for a direction to the respondent authorities to finalise the inter-se-seniority list of F.Os/ Extension Officers (Fy) (For short 'E.O.') and to consider the case of the petitioner for promotion to the post of DFDO, by holding a review DPC, being the most deserving candidate.
(3.) The petitioner's grievance, in a nutshell, is that he is working as F.O. at Seppa and he initially joined the Fishery Department as a Technical Assistant/ Technical Assistant (Computer), on temporary basis, under a Centrally Sponsored Scheme. The said scheme was subsequently withdrawn, and he was appointed as F.O., on officiating basis, by an order, dated 21.03.2002 and he joined the post on 01.04.2002. Thereafter, the petitioner underwent one year course of Post-Graduate Diploma in Inland Fisheries, at the expense of the department and he successfully completed the same in the year, 2006. After due consideration of the petitioner's satisfactory service, a DPC held on 16.7.09, recommended for regularization of his service as F.O. w.e.f. the date of his joining in service on 01.04.2002. However, the respondent No. 3 namely, Shri Kipa Taja, who joined on 01.12.2005 was given officiating promotion as DFDO by order, dated 19.06.2009, and temporarily posted at Seppa, East Kameng District. On the other hand, the respondent No. 4 Shri Nabam Tania, who was appointed in service as E.O. on contract basis, on 24.05.2001, was promoted to the post of DFDO, on the recommendation of the DPC, held on 31.03.2011, on regular basis.;

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