SHRI RUBU OPO AND OTHERS Vs. THE STATE OF ARUNACHAL PRADESH
LAWS(GAU)-2018-6-126
HIGH COURT OF GAUHATI
Decided on June 01,2018

Shri Rubu Opo And Others Appellant
VERSUS
The State Of Arunachal Pradesh Respondents

JUDGEMENT

S.SERTO, J. - (1.) These 3(three) writ petitions and the I.A emanatedfrom the issue of seniority between 2(two) persons, namely, Shri. Rubu-Opo, serving at present as Executive Engineer(EM)/SW(EM), in the Office of Chief Engineer Western Zone, in the department of Hydro Power Development, Government of Arunachal Pradesh,Itanagar, and Shri.Millo-Pugang, who is serving as Superintending Engineer (EM), in the same Department. Therefore, all the 3 (three) writ petitions and the I.A are taken up together and they are being disposedof by this common judgment.
(2.) Following the advertisement for filling up of 14 posts of Junior Engineer in the Department of Power, Government of Arunachal Pradesh, a written examination was held on 11.04.1992 and thereafter, viva-voice of those who qualified in the written examination was held on 26.06.1992. Soon after the viva-voice was held, the result was declared on 03.07.1992. Shri Rubu-Opo, the petitioner in the two writ petitions, i.e., W.P.(C) No. 573(AP) of 2017 and W.P.(C) No. 44(AP) of 2017 and respondent No. 4 in W.P.(C) No. 86(AP) of 2017 was declared, passed and placed as Sl. No. 1 in the merit list and Shri. Millo Pugang, the petitioner in W.P.(C) No. 86(AP) of 2017 and respondent No. 4 in the two writ petitions was also declared, passed and placed at Sl. No. 9 of the same merit list. Following the declaration of the result on 03.07.1992, they were appointed to the post of Junior Engineer. Thereafter, vide Office Memorandum dated 18.10.1993, a provisional seniority list of Junior Engineersof the department as on 31.12.1992 was published and in that provisional seniority list, Shri. Rubu-Opo was placed at Sl. No. 177 and Shri. Millo Pugang was placed at Sl. No. 182. After having completed 5 years of service, both of them were promoted on officiating basis to the post of Assistant Engineer vide Order dated 16.07.1997, issued by the Secretary (Power), Government of Arunachal Pradesh. In the year 2001, Shri. Rubu-Opo was promoted to the post of Assistant Engineer on regular basis vide Order dated 12.03.2001, issued by the Secretary (Power), Government of Arunachal Pradesh, but, Shri. Millo Pugang was promoted to the post of Assistant Engineer only in the year 2004 vide order dated 16.08.2004, issued by the Secretary (Power), Government of Arunachal Pradesh. After 3 years, final seniority list of Assistant Engineers was notified vide Memorandum dated 12.10.2007, by the Secretary (Power), Government of Arunachal Pradesh and in the said seniority list, Shri. Rubu-Opo was placed at Sl. No. 86 while Shri. Milo Pugang was placed at Sl. No. 88.
(3.) In the year 2005, a separate department, namely, Hydro Power Development was curved out from Power Department. Following the creation of the new department, i.e., Hydro Power Development, Shri. Millo Pugang was appointed as Executive Engineer on deputation basis, initially for a period of 2 years, vide order dated 02.02.2009, issued by the Secretary (Power), Government of Arunachal Pradesh. After alapse of about 19 days i.e., on 21.02.2009, the Secretary (Power), Government of Arunachal Pradesh, vide his order issued on the same date also appointed Shri. Rubu-Opo as Executive Engineer on deputation basis, initially for a period of 2 years. After 3 years from the date of their appointment as Executive Engineers on deputation, the service of Shri. Millo Pugang and Shri. Rubu-Opo were absorbed permanently w.e.f.the date of their initial appointments on deputation vide order dated 16.05.2012, issued by the Secretary (Power), Government of Arunachal Pradesh. The said order is reproduced below:"Government of Arunachal PradeshDepartment of Hydro Power DevelopmentAP Civil SecretariatItanagar JUDGEMENT_126_LAWS(GAU)6_2018_1.html ORDER The Governor of Arunachal Pradesh is pleased to order to absorb permanently the following AE(E), DoP in the posts of EE(EM) with effect from the date of their initial appointment on deputation as given against each in the pay band of Rs. 15600-39100 + Grade Pay Rs. 6600/- pm plus other allowances admissible from time to time under rules in the interest of public service. JUDGEMENT_126_LAWS(GAU)6_2018_2.html The Appointing Authority reserves the right to revert them to their original post of Assistant Engineer (E), DoP at any time without assigning any reason whatsoever. The pensionary benefit for the period of their services till the date of their absorption in the Department of Hydro Power Development, Arunachal Pradesh will be governed by the CCS Pension Rules, 1972 as amended up to date. The other terms and conditions which are specified herein shall be governed by the relevant terms and conditions, rules and government orders as are in force from time to time. Sd/- Tumke BagraSecretary (Power)Govt. Arunachal PradeshItanagar" ;


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