Manoj Kumar Rai and 36 Ors v. The State of Ap and 3 Others

ORDER Date : 18.05.2023

Heard Mr. Chorpok Modi, learned counsel appearing on behalf of the petitioners.

Also heard Mr. Subu Tapin, learned Senior Government Advocate, appearing on behalf of the respondents.

The writ petitioners, altogether, 37 in nos., stating to have been promoted as Sub-Inspector of Police (Civil) on 11.01.2023, have filed this petition, for placing their case before the Chief Secretary to the Government of Arunachal Pradesh, to take a decision as to why they should not be promoted as Sub-Inspector of Police(Civil) with retrospective effect on and from 26.08.2020.

The contention of the writ petitioners seeking retrospective promotion on and from 26.08.2020 as Sub-Inspector of Police (Civil) is that under the relevant Recruitment Rules, namely, Sub-Inspector (Civil)/Sub-Inspector(AAPBn)/Sub-Inspector (IRBn), Group - B, Non-Gazetted(Non-Ministerial) Recruitment Rules, 2020; the minimum length of service for promotion to the post of Sub-Inspector(Civil) from the post of Assistant Sub-Inspector(Civil), is 6(six) years and the petitioners having completed 6(six) years of service as Assistant Sub-Inspector of Police(Civil) on

26.08.2020; they are entitled to be promoted as Sub-Inspector of Police(Civil) on and from 26.08.2020.

It is a settled proposition of law that an employee does not have a fundamental right, much less, a legal right to be promoted to a higher post. Page No.# 9/9 The right of the employee for promotion to a higher post is to the extent of consideration by the authorities/employer for promotion to a higher post in accordance with the relevant Recruitment Rules.

In view of the above, I am of the considered view that though the writ petitioners may have completed 6(six) years of service as Assistant Sub-Inspector of Police(Civil) on 26.08.2020; they could not have any vested right to be promoted as Sub-Inspector of Police(Civil) as soon as they complete 6(six) years of service as Assistant Sub-Inspector of Police(Civil) i.e. 26.08.2020.

In that view of the matter; I am of the further view that no such direction can be issued to the Chief Secretary to the Government of Arunachal Pradesh to take a decision as to why they should not be promoted as Sub-Inspector of Police(Civil) on and from 26.08.2020.

The writ petition accordingly stands dismissed being found to be devoid of merit.

JUDGE Comparing Assistant

Page No.# 1/9 GAHC040006232023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C) 235/2023 1:Manoj Kumar Rai and 36 Ors. S/o Lt. Bashistha Rai, Resident of Down Police Colony, Naharlagun, PO/PS Naharlagun, District Papum Pare, Arunachal Pradesh. M. No. 9436226038 2: Tate Nabam S/o H. Nabam Presently Posted at Doimukh Police Station PO/PS Doimukh District Papum Pare 3: Niri Rama S/o Lt. Niri Talo Presently posted at Doimukh Police Station PO/PS Doimukh District Papum Pare 4: Haruk Bui Tator S/o Taa Bui Posted at Daporijo PO/PS Daporijo District Upper Subansiri. 5: Gemo Jini S/o Lt. Rege Jini Page No.# 2/9 Posted at Roing Police Station District Lower Dibang Valley 6: Techi Tado S/o Lt. T. Solo Posted at Itanagar Police Station 7: Joram Takap S/o Lt. Joram Son Posted at Yupia Police Station District Papum Pare (rural) 8: Danny Sarke S/o Tading Sarke Posted at Daporijo Police Station District Upper Subansiri 9: Tai Pabin S/o Lt. Talung Pabin Posted at Boleng Police Station District Siang Arunachal pradesh. 10: Lobsang Genden S/o Kelsang Lhundup Posted at Changlang Police Station District Changlang 11: M. Bharali S/o Lt. Tara Prasad Bharali Page No.# 3/9 Posted at Daporijo District Upper Subansiri 12: Licha Taj S/o Lt. Kicha Tan Posted at Ziro District Lower Subansiri 13: Tashi Norbu Namsa S/o Sang Ngoiru Namsa Posted at Tawang District Tawang 14: Tashi Monpa S/o Lt. Genden Ngoiru Posted at Lemmi District Pakke Kessang 15: D. T. Kharma S/o Shri N. D. Kharma Posted at Bomdila District West Kameng 16: Vijay Kumar S/o Lt. R. J Singh Posted at Tezu District Lohit 17: Koncho Tsering S/o Lt. Tsering Mindup Page No.# 4/9 Posted at Tawang District Tawang 18: Tagio Leriak S/o Shri Take Leriak Posted at Palin District Kra Daadi 19: Sonam Wangchu S/o Shri Laida Tsering Posted at Bomdila District West Kameng 20: Leki Norbu S/o Shri Grakpa Norbu Posted at Bomdila District West Kameng 21: Bimal Kumar S/o Lt. Bachha Ray Posted at Tezu District Lohit 22: Pema Jamsten S/o S. Choida Posted at Yingkiong District Upper Siang 23: Byai Tadu S/o Tadu Tak Page No.# 5/9 Posted at PHQ Itanagar 24: P. Wangchu S/o Shri Zongdhar Norbu Posted at Tawang Distric Tawang 25: Aditya Chandra S/o Lt. Raghunath Singh Posted at Pasighat District East Siang 26: Tam Talam S/o T. Talam Posted at Yupia District Papum Pare (Rural) 27: Karba Dameng S/o Lt. Jimak Dameng Posted at Yingkiong District Upper Siang 28: Yapi Taggu D/o Lt. Tapon Taggu Posted at PTC Banderdewa 29: J. Rina S/o Lt. Tajum Rona Posted at Siji Page No.# 6/9 District Lower Siang 30: Tama Talom S/o T. Talom Posted at Boleng District Siang 31: Dutin Panggam S/o Lt. Omir Panggam Posted at Yingkiong District Upper Siang 32: Anno Passing S/o Anom Passang Posted at Roing District Lower Dibang Valley 33: B. Pegu S/o Lt. S. Pegu Posted at Siji District Lower Siang 34: Tanka Chetry S/o Lt. Tarabir Chetry Posted at Changlang District Changlang 35: W. Tangha S/o Winlat Tangha Posted at Changlang Page No.# 7/9 District Changlang 36: S. K. Jha S/o Shri Chandra Bhushan Jha Posted at Yupia District Papum Pare (Capital) 37: Kenter Tacha S/o Lt. Moken Tacha Posted at Yupia District Papum Pare (Capital) Arunachal Pradesh VERSUS 1:The State of AP and 3 Others Represented by the Secretary (Home), Govt. of Arunachal Pradesh, Itanagar. 2:The Director General of Police Govt. of Arunachal Pradesh PHQ Itangaar. 3:The Inspector General of Police Govt. of Arunachal Pradesh PHQ Itanagar. 4:The Superintendent of Police Govt. of Arunachal Pradesh PHQ Itanagar Advocate for the Petitioner : Uttam Deka Chorpok Modi Amit Saring Bomyom Ori N Rama Nabam Chatum Tame Rimi N Tania M Tunar Kipe Gara Advocate for the Respondent : GA (AP) Page No.# 8/9 BEFORE HONBLE MR. JUSTICE NANI TAGIA