SRI NANI MALI Vs. STATE OF ARUNACHAL PRADESH AND OTHERS

JUDGEMENT

(1.) (ORAL) - The only question involved in this writ petition is regarding the inter se seniority of the petitioner vis-a-vis the respondent Nos 5 to 16.

(2.) The petitioner is presently a member of Arunachal Pradesh Civil Service Grade II. In the inter se seniority list of the Circle Officers as it stood on 1.9.89 the name of the petitioner appeared in serial No.43 and the names of respondent Nos 5 to 16 were shown below him. By an order dated 16.1.92,8 Circle Officers (respondent Nos 5 to 12) were appointed to APCS Grade II in the scale of Rs. 2200-4000 on ad-hoc basis subject to regularisation of their appointment by the Arunachal Pradesh Public Services Commission (Annexure D). Subsequently respondent Nos 13 to 16 were also similarly given ad hoc promotion. On promotion of the above persons, the petitioner submitted his representation to the Govt and the Govt through the Secretary (Appointment) communicated the petitioner that his promotion on ad hoc basis to the post of APCS Grade II could not be considered in view of the pendency of departmental proceeding against him. At the same time by the said communication the Govt clarified the position as below :

(3.) By communication dated 30.6.93 the eight ad-hoc appointees, namely respondent Nos 5 to 12 were regularised in APCS Grade II with effect from the respective date of appointment to APCS Grade II in column 3 of the table in order of their inter-se seniority. The departmental proceeding was finally concluded on 12.5.94. On appeal the appellate authority by its order dated 12.5.94 directed the petitioner to pay the entire amount of Rs.309.16 which he drew as TA. The appellate authority finally passed the following direction :