S.Sumnyan & Ors vs Limi Niri & Ors

4. The appellants herein were appointed on temporary and ad-hoc basis as Assistant Engineers [Civil] by the Government of Arunachal Pradesh in the Public Works Department on various dates between the years 1986 and 1988 on the condition that they would be regularized according to the Rules on the recommendation of a Selection Board constituted by the Government. The State of Arunachal Pradesh came to be constituted as a separate State of the Republic of India on 20.02.1987. Consequent to such constitution, Arunachal Pradesh Public Service Commission was also constituted under Gazette notification dated 29.03.1988.

5. The respondent No. 1 - Limi Niri herein was also appointed on ad-hoc basis in the year 1988 to the post of the Assistant Engineer with a specific condition that he would be regularized according to the relevant Rules on the recommendation of the Arunachal Pradesh Public Service Commission. Sometime in the month of May, 1988, an advertisement was issued inviting applications for filling up the posts of the Assistant Engineers [Civil] and the Assistant Engineers [Electrical] in the Public Works Department of the Government of Arunachal Pradesh. The respondent No. 1 submitted his application pursuant to the aforesaid advertisement. He was found suitable for such appointment as Assistant Engineer [Civil] and consequently he was issued an appointment letter dated 19.04.1989 for his appointment with a condition that he shall be on the post on probation for a period of two years and that his appointment shall not commence before 02.05.1989.

6. A provisional seniority list as on 31.08.1990 of Assistant Engineers [Civil] in the Arunachal Pradesh Public Works Department was issued and the appellants herein were shown as seniors to the respondent no. 1. In the year 1993, some of the appellants were promoted as Executive Engineers on ad-hoc basis and a provisional seniority list of Executive Engineers in the Arunachal Pradesh Public Works Department was circulated and the names of some of the appellants were shown in the said list of the Executive Engineers. In the year 1997, a further seniority list as on 31.03.1997 of the Assistant Engineers [Civil], which showed the position of various appellants as senior to the respondent no. 1, was circulated for claims and objections. Some of the appellants were thereafter promoted to the posts of the Executive Engineer and the Superintending Engineer and confirmed in the said posts and at least one of them is now occupying the post of the Chief Engineer.

7. The authorities after promoting the appellants to the posts of Executive Engineers in between the period from 1991 to 2001 regularized the ad-hoc promotions in the post of the Executive Engineer by an order dated 15.02.2001. A final seniority list of the Superintending Engineers and the Executive Engineers as on 29.08.2001 was published. Regularization of some of the appellants by order dated 15.02.2001 and final seniority list [as on 29.08.2001] of Superintending Engineers [Civil] and Executive Engineers circulated on 31.08.2001 were never put in challenge by anyone.

8. In the year 2001, the respondent no. 1 herein filed the aforesaid writ petition against the seniority position ascribed and shown in the seniority list dated 15.03.1999 and sought for a direction that he is senior to the appellants herein as he was regularly selected in 1989 by the Arunachal Pradesh Public Service Commission. The appellants and the State Government filed their counter affidavit in the said writ petition contending, inter alia, that the appellants were appointed prior to the constitution of the Arunachal Pradesh Public Service Commission on 29.03.1988. The appointment of Group-B post in the Public Works Department of Arunachal Pradesh was guided by the Arunachal Pradesh Administration [Public Works Department] Group-B Post Recruitment Rules, 1983 and the appointment of the appellants was made as per the said Recruitment Rules in the absence of the Arunachal Pradesh Public Service Commission at the relevant time. Their services also were regularized in terms of the said Rules which provided that a minimum service period of two years, known as period of probation, was necessary for rendering service in the capacity of Assistant Engineer for all appointments made by Government to these posts since 1980. The services of the appellants were regularized as stated hereinabove giving them the benefit of service from the actual date of their joining the service.

11. Being aggrieved by the aforesaid judgment and order, an appeal was filed before the Division Bench of the High Court which was heard accordingly and by a judgment and order dated 19.02.2009 the Division Bench dismissed the writ appeal filed by the appellants and confirmed the judgment and order passed by the learned Single Judge. Being so aggrieved, the present appeal was filed by the appellants herein which was entertained and on completion of the pleadings, we have heard learned counsel appearing for the parties.

13. It was also submitted that not only their services rendered as temporary and ad-hoc service were recognized and counted towards their seniority while regularizing their service as Assistant Engineer with a retrospective date of their initial appointment, but even some of the appellants, in the meantime, depending on their seniority in the post of the Assistant Engineer were considered and promoted during the period from 1991 to 2001 to the post of the Executive Engineer and the Superintending Engineer and one of them was even promoted to the post of the Chief Engineer. However, despite the aforesaid situation, no objection or challenge was made till 2001. It was further submitted that the High Court acted illegally and without jurisdiction in setting aside the benefit given to them as far back as 20.07.1989, although, in the writ petition filed by the respondent no. 1, the said order was not challenged. It was also submitted that the respondent no. 1 himself not having raised any grievance against the initial appointment of the appellants as temporary and ad-hoc Assistant Engineers and also having not protested their regularization of service on the recommendation of the Arunachal Pradesh Public Service Commission from the date of their initial appointment and the said order having become final and binding no interference was called for from the High Court on the basis of a writ petition.

18. The aforesaid appellants after their recruitment on temporary and ad-hoc basis worked on probation for a period of two years and on completion of the said period their cases were considered by the State Public Service Commission and by an order dated 20.07.1989, the appointment of the appellants was regularised as Assistant Engineer [Civil] against direct recruitment quota. In the said order, the initial date of joining of the appellant no. 1 to the post of Assistant Engineer [Civil] on temporary and ad-hoc basis was shown as 04.02.1986 and his date of regularization of appointment in the concerned Grade was shown to be as 04.02.1986, whereas, the other appellants were also given similar dates, but the fact remains that their appointment to the post of Assistant Engineer is shown to have been regularized with effect from the date of their initial appointment only.

19. Several seniority lists were published thereafter, showing the names of the appellants as senior to the respondent no.1 and despite such publication, which were of course provisional in nature, no objection was raised by the respondent no. 1. A final seniority list of Assistant Engineers [Civil] in Arunachal Pradesh Public Works Department as on 01.03.1999 was published on 15.03.1999 through an Office Memorandum and in the said seniority list also the names of the appellants were shown senior to the respondent no. 1. In the said seniority list also not only the date of their initial appointment in the post of Assistant Engineer was shown but also the date of their confirmation in the Grade was also shown which was from the date of their initial appointment. When the aforesaid final seniority list was published, the respondent no. 1 finally filed a writ petition in 2001 challenging the seniority position given to the appellants.

23. The fact that their services were regularized from the date of their initial appointment on the recommendation of the Arunachal Pradesh Public Service Commission was also totally ignored by the High Court. Thus, these facts coupled with the fact that none of the aforesaid orders were challenged by the respondent no.1, would indicate that the said orders are final and binding on all the persons concerned. The High Court ignored the fact that the respondent no. 1 himself was bound by the aforesaid orders. The respondent no.1 was bound by his own appointment orders. The appellants had rendered two years of service as Assistant Engineers and at least some of the appellants including appellant no. 1 had successfully completed their probation period on 01.04.1988 whereas the respondent no. 1 was appointed as Assistant Engineer on regular basis and put on probation for two years on 02.05.1989. Therefore, when the respondent no. 1 was put on probation, the appellant no. 1 and some others had successfully completed their probation. Thus, for all purposes at all times, the appellants were senior to the respondent no. 1.

(emphasis supplied)

......."

37. In view of the aforesaid discussion, we set aside the orders passed by the Single Judge as well as by the Division Bench of the High Court. Consequently, the Writ Petition filed by respondent no. 1 in the High Court would stand dismissed.

38. Accordingly, the present appeal is allowed. There will be no order as to costs.