BURU YAMUNG Vs. STATE OF ARUNACHAL PRADESH & ORS.
LAWS(GAU)-2018-10-85
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on October 03,2018

Buru Yamung Appellant
VERSUS
State of Arunachal Pradesh and Ors. Respondents

JUDGEMENT

NELSON SAILO,J. - (1.) Heard Mr. R. Sonar, learned counsel for the petitioner and Mr. D. Soki, learned Addl. Sr. Govt. Advocate appearing for all the respondents.
(2.) Facts of the case may be noticed at the outset. The respondent authorities vide advertisement dated 17.03.2015 (annexure-I) invited eligible candidates for filing up of 1 (one) post of LDC amongst others in the Governor's Secretariat at Itanagar.
(3.) The petitioner responded to the advertisement by submitting her application. Consequently, written test was conducted on 27.06.2015 and thereafter, viva-voce was conducted on 18.07.2015. Despite lapse of a considerable period of time, since no results were declared in so far as the post of LDC was concerned, the petitioner submitted an application under the Right to Information (RTI) Act, 2015, seeking information from the respondent authorities concerned on 16.11.2016. In response to her application, the information sought for was given to the petitioner vide communication dated 1.3.2017, by the Deputy Secretary-cum-Public Information Officer, Governor's Secretariat at Itanagar. As per the information given to the petitioner, it was indicated that the post of LDC sought to be filled up, was an anticipated vacancy and it was proposed to be filled up as and when the incumbent occupying the post of LDC get promoted to the next higher post of UDC and that the Departmental Promotion Committee(DPC) to consider such promotion, was yet to be held. Besides this information, the petitioner was furnished with a copy of the statement showing the result of the selection process for the post of LDC, wherein, the name of as many as 4 (four) candidates who appeared in the selection, were enlisted in order of merit. Furthermore, against the information sought by the petitioner through another RTI application dated 27.07.2017, the petitioner was furnished with the Meeting Minutes dated 10.03.2017, by which the incumbent occupying the post of LDC in the Governor's Secretariat was recommended for promotion to the post of UDC. The petitioner, upon learning about the status of the selection, served a legal notice to the respondent No. 2 on 31.07.2017 to consider her promotion on the basis of the selection that was held pursuant to the advertisement dated 17.03.2015. The respondent authority concerned, against the legal notice, gave reply to the petitioner through her counsel on 21.08.2017, informing her that sufficient time had lapsed since the selection and since vacancy of the LDC post did not occur as was anticipated, the advice of the Department of Administrative Reforms was being sought vide letter dated 09.05.2017, on the validity of the recommendation of the selection committee.;


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