ARUNACHAL PRADESH CIVIL SERVICE OFFICERS ASSOCIATION Vs. STATE OF ARUNACHAL PRADESH AND ORS.

JUDGEMENT

(1.) Heard Mr. P.K. Tiwari, and Mr. T. Pertin, learned Counsel appearing for the Petitioner, Mr. Nani Tagia learned counsel appearing on behalf private Respondent No. 4 and Mr. R.H. Nabam, learned State Counsel for the State Respondents.

(2.) The legality and validity of the impugned order dated 25.7.2001 issued by the Chief Secretary to the Government of Arunachal Pradesh appointing the Respondent No. 4, Shri Santosh Kumar IFS as Director (Tourism), Government of Arunachal Pradesh for a period of three years on deputation is under challenge in this Writ Petition. The impugned order dated 25.7.2001 reads as follows :

(3.) The Writ Petitioner in the case, an Association of Arunachal Pradesh Civil Service Officers comprising of more than 300 members, hereinafter referred to as APCS, has contended that the post of Director (Tourism) having been created as a substantive post, is a cadre post belonging to the cadre of the petitioner and the same is deserved to be filled up from the qualified and suitable members of the APCS. The impugned appointment on deputation of the Respondent No. 4, who is from Indian Forest Services and working as Divisional Forest Officer (Silviculture) (for short "DFO") in the Department of Forest, Govt. of Arunachal Pradesh, by the State Respondents, for reasons not recorded and in violation of the administrative fairness, in this substantive post of Director (Tourism) amounts to deprivation and infringement of the right of the members of the Petitioner's Association and as such the same is highly arbitrary and discriminatory.