RAJ KUMAR REDDY Vs. STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-10-89
HIGH COURT OF GAUHATI (AT: ITANAGAR)
Decided on October 31,2018

Raj Kumar Reddy Appellant
VERSUS
STATE OF ARUNACHAL PRADESH Respondents

JUDGEMENT

AJIT BORTHAKUR,J. - (1.) Heard Mr. Dicky Panging, learned counsel, appearing on behalf of the petitioner. Also heard Ms. Goter Ete, learned Addl. Senior Government Advocate, appearing on behalf of all the respondents.
(2.) By this petition preferred under Article 226 of the Constitution of India, the petitioner, who is presently serving as Reporter(English) in the Legislative Assembly Secretariat, Arunachal Pradesh, has basically challenged the inaction on the part of the respondent authorities to hold the regular Departmental Promotion Committee(DPC) for promotion to the vacant post of the Chief Reporter(Group'A') in the Legislative Assembly Secretariat which is lying vacant for the last more than 2(two) years.
(3.) The petitioner's case, in a nut-shell, is that, he was appointed to the post of Reporter(English) in the Legislative Assembly Secretariat, Arunachal Pradesh, Naharlagun, vide order, dated 10.03.1997 and accordingly, he was regularized in service vide order, dated 03.03.1998. Serving thus, one Sri S. Roy Choudhury, who was working as Chief Reporter, Legislative Assembly Secretariat, Naharlagun, retired from service on superannuation w.e.f. 31.12.2015. The said post having fallen vacant, necessary process was initiated by the authorities concerned to fill-up the said post in terms of the relevant Recruitment Rules. In the meantime, the provisional seniority list of Reporters (English) of Legislative Assembly Secretariat was notified by the Assembly Secretariat, vide O.M. dated 24.04.2017, wherein, the petitioner, being senior-most eligible Reporter was placed at Sl. No. 1. Thereafter, requisite No Objection Certificates (NOCs) were issued by the concerned Deputy Commissioner in favour of the petitioner and 6(six) other persons as was the norm set by the State Government for consideration of the Government employees to the promotional post. Accordingly, the Vigilance Clearance Certificates were also issued by the Under Secretary (Vigilance), Government of Arunachal Pradesh, vide O.M., dated 29.05.2017, in favour of the petitioner and 2(two) other persons. In the meanwhile, the Speaker, Legislative Assembly, Arunachal Pradesh, directed the authorities concerned to constitute the Departmental Promotion Committee (DPC) for promotion to the post of Chief Reporter in terms of the relevant Recruitment Rules and also to publish the Final Seniority List. Since then, the matter never progressed further. Aggrieved by the inaction on the part of the respondent authorities, despite being eligible in terms of the relevant provisions of The Chief Reporter (Group 'A'), Legislative Assembly Secretariat Recruitment(Amendment) Rules, 2015, the petitioner submitted a representation, dated 29.12.2017, to the Secretary, Legislative Assembly Secretariat, to consider his case for promotion to the post of Chief Reporter. It is stated at the Bar that the case of the petitioner was not considered even after the relevant File was processed and put-up before the respondent authorities.;


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