The appellants herein were appointed as Assistant Engineers under the direct recruitment quota between the years 1998 1999 on regular basis after due process of selection as Assistant Engineers under the 1993 Rules, and Ninya Bagra was promoted as Assistant Engineer on regular basis on the recommendation of the DPC on 12th July, 2001 as he had companypleted 8 years of service on 11 th August 2000.
A reply affidavit was filed by the State of Arunachal Pradesh on 6th September, 2002 and the stand taken was that with the enforcement of 1993 Rules, the 3 1983 Rules stood repealed and that Ninya Bagra would be eligible for promotion after 8 years of regular service as Junior Engineer.
He thereupon filed a writ petition before the Gauhati High Court claiming promotion with retrospective effect on the basis of the 1983 Rules claiming seniority from the date that he had companypleted five years of service as Junior Engineer as on 16th July, 1997.
The writ petition was taken up for hearing by the single Bench and the Bench observed that admittedly the 1993 Rules alone governed the case of Ninya Bagra respondent No.1 herein and he was therefore entitled to promotion with effect from the date of companypletion of 8 years of service as Junior Engineer i.e. from 11/8/2000.
Subsequent to the appointment of Ninya Bagra as junior Engineer, the 1983 Rules were repealed and the Arunachal Pradesh Power Engineering Service Rules, 1993 hereinafter called the 1993 Rules came into force on Ist November, 2 1993.
The Rules framed in 1993 as well as in 2005 have numberbearing on the case at hand.
Concededly under the 1993 Rules Ninya Bagra companyld have become eligible for promotion only on 11th August, 2000, though he was given officiating promotion vide order dated 16th July, 1997.
The matter was thereafter taken before the Division bench in appeal by Ninya Bagra.
The 1993 Rules in so far as we are presently companycerned fixed the period of service required for promotion to the post of Assistant Engineer at 8 and 10 years from amongst degree and diploma holders respectively.
The appeals are allowed, SUMAN WADHWA VINOD KULVI COURT MASTER COURT MASTER Signed order is placed on the file.
Since the appellant has already been regularized in service with effect from the date of recommendation of the DPC, we see numberbar in 4 issuing as direction to the respondent.
6293 6294 OF 2009 Arising out of SLP C Nos.
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.
State to modify the impugned order dated 12.3.2001 and to pass a fresh order regularizing the promotion of the appellant what effect from 11.8.1997.
Respondent s O R D E R Leave granted.
19589 19590/2008 Hage Gumto Ors.
Appellant s Versus Ninya Bagra Ors.
Leave granted.
The Division Bench relying almost exclusively on the statement made by the Advocate General that the 1983 Rules would be applicable to the case set aside the order of the single Bench and held that We are of the firm opinion that the appellant was entitled to regular promotion to the post of Assistant Engineer with effect from 11.8.97.
The writ petition was allowed to the limited extent that the benefit of 8 years of service be taken as on the date when he had companypleted 8 years of service and number on the date when the DPC had met.
