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2025 DIGILAW 664 (GAU)

Terdam Ronya S/o Late Tater Ronya v. State of Arunachal Pradesh

2025-04-23

MANISH CHOUDHURY

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JUDGMENT : Heard Mr. R. Saikia, learned counsel for the petitioner and Mr. S. Tapin, learned Senior Government Advocate, Arunachal Pradesh for all the respondents. 2. In this writ petition instituted under Article 226 of the Constitution of India , the petitioner has primarily assailed an Order dated 02.06.2022 passed by the respondent no. 1, whereby, the petitioner had been reverted back to the post of Treasury Accountant from the date of issue of the Order. 3. In the Order dated 02.06.2022, it was mentioned that as per the recommendation of the Departmental Promotion Committee [DPC] made in its meeting held on 28.04.2022, the case of the petitioner was not considered for promotion from the post of Treasury Accountant to the post of Sub-Treasury Officer from his initial date of posting as a Sub-Treasury Officer on officiating capacity due to non-fulfilment of the required educational qualification criteria notified vide Office Memorandum no. AR-74/2013/VOL-II dated 29.08.2019 of the Department of Administrative Reforms, Government of Arunachal Pradesh. 4. The relevant facts which led to the passing of the impugned Order, can be narrated, in brief, as follows :- the petitioner initially joined in the establishment of the Directorate of Accounts and Treasuries, Government of Arunachal Pradesh as a Lower Division Clerk [LDC] on regular basis on 08.02.1988. During the course of his service career, the petitioner got promoted to the post of Upper Division Clerk [UDC] and thereafter, by an Order dated 17.06.2003, the petitioner was appointed to the post of Treasury Accountant on officiating basis w.e.f. the date of his joining in the said post. The Order dated 17.06.2003 further mentioned that the officiating appointment would not confer any right to claim for regular appointment in the post of Treasury Accountant. 5. On 21.09.2006, a meeting of the Departmental Promotion Committee [DPC] was held to consider selection/regularisation of officiating services of the candidates appointed as Treasury Accountant for filling up five posts of Treasury Accountant. The DPC considered the criteria of seniority between direct recruitees and promotees and also the date of joining of the incumbents. After verifying the performance reports of all the candidates, the DPC recommended five nos. of candidates including the petitioner [promotee], to the post of Treasury Accountant. On the basis of the recommendation of the DPC, the petitioner was promoted to the post of Treasury Accountant w.e.f. 19.06.2003. After verifying the performance reports of all the candidates, the DPC recommended five nos. of candidates including the petitioner [promotee], to the post of Treasury Accountant. On the basis of the recommendation of the DPC, the petitioner was promoted to the post of Treasury Accountant w.e.f. 19.06.2003. Since then, the petitioner was continuing in the post of Treasury Accountant. 6. In the year 2017, the Finance Department, Government of Arunachal Pradesh issued an Order on 03.04.2017 whereby four nos. of Treasury Accountants were promoted to the cadre post of Sub-Treasury Officer [Group ‘B’, Gazetted] on officiating basis w.e.f. the date of joining in the respective posts at the place of their posting in the interest of public service until further orders. Such officiating promotions were, however, made subject to clearance by the DPC in due course. The petitioner was one of the four Treasury Accountants who were promoted to the post of Sub-Treasury Officer on officiating basis by the Order dated 03.04.2017. 7. On 22.05.2017, the Directorate of Accounts and Treasuries, Government of Arunachal Pradesh published a provisional seniority list in respect of Treasury Accountants wherein the petitioner’s name was shown at the serial no. 3 with educational qualification matriculate. After being promoted on officiating basis in the post of Sub-Treasury Officer and publication of the provisional seniority list, the petitioner submitted a Representation on 25.05.2017 to consider his case for regular promotion to the post of Sub-Treasury Officer. In the Representation, submitted on 25.05.2017, the petitioner had questioned his seniority position at serial no. 3 in the provisional seniority list below incumbents at serial nos. 1 & 2 therein. 8. The petitioner on 06.06.2017 was requested to obtain a No Objection Certificate [NOC] from the Deputy Commissioner, Siang District for Vigilance Clearance Report and thereafter, for placing of his case before the DPC for departmental promotion/confirmation to the post of Sub-Treasury Officer with APAR for last five years. The NOC was accordingly granted and submitted. 9. Thereafter, a DPC was constituted on 26.04.2022 to consider regularisation to the post of Sub-Treasury Officers of those incumbents who were holding the post on officiating basis under the Finance Department. After constitution of the DPC, a meeting of the DPC was held on 28.04.2022 to consider the cases of seven nos. The NOC was accordingly granted and submitted. 9. Thereafter, a DPC was constituted on 26.04.2022 to consider regularisation to the post of Sub-Treasury Officers of those incumbents who were holding the post on officiating basis under the Finance Department. After constitution of the DPC, a meeting of the DPC was held on 28.04.2022 to consider the cases of seven nos. of Sub-Treasury Officers, who were promoted from the feeder cadre of Treasury Accountant to the post of Sub-Treasury Officers on officiating basis on different dates. The petitioner was one of the seven Sub-Treasury Officers whose case was to be considered by the DPC. 10. As per the meeting of the DPC, held on 28.04.2022, the DPC considered the cases of the seven nos. of Sub-Treasury Officers promoted on officiating basis and after consideration, the DPC recommended the names of five nos. of Treasury Accountant for promotion to the post of Sub-Treasury Officer on regular basis against the dates mentioned therein. In case of the petitioner and another incumbent, the DPC after consideration, found that the said two incumbents including the petitioner, did not fulfil the required qualification criteria, mentioned in the Office Memorandum dated 29.08.2019. 11. At this juncture, it is relevant to refer to the Office Memorandum dated 29.08.2019, which was issued by the Department of Administrative Reforms, Government of Arunachal Pradesh. The Office Memorandum was on the subject – ‘Fixation of Graduation/Bachelor Degree as Basic Educational Qualification for appointment in Group ‘A’ and Group ‘B’ posts/services’. In the Officer Memorandum, it was mentioned that the Government of Arunachal Pradesh vide its Officer Memorandum no. AR-74/2013/VOL-II dated 29.08.2019 decided to re-introduce fixation of the minimum education qualification of Graduation/ Bachelor Degree from a recognised University for considering appointment to Group ‘A’ and Group ‘B’ posts/services either by direct recruitment or on promotion with immediate effect from the date of issue of the Office Memorandum except the Diploma holders like –Engineering, Architecture, Nursing, Tourism, Hotel Management & Catering Technology, Applied Arts & Crafts and Draughtsman who shall be exempted from the purview and operation of this Office Memorandum. 12. 12. Prior to issuance of the Office Memorandum on 29.08.2017, the petitioner sought permission from his controlling authority, that is, the Treasury Officer, West Siang District, Aalo to pursue Bachelor of Commerce Degree through correspondence and the said controlling authority, on 17.02.2017, granted permission to the petitioner to pursue the Bachelor of Commerce course through correspondence. The petitioner secured B.Com Degree in the year 2020 from a University named MATS University. After obtaining his Graduation Degree, the petitioner vide a letter dated 22.02.2021 apprised the Directorate of Accounts and Treasuries, Government of Arunachal Pradesh regarding his obtaining B.Com Degree by submitting the Mark-Sheets and the other testimonials. 13. The impugned Order dated 02.06.2022 is to be examined in such background facts. 14. The matters of recruitment to the post of Sub-Treasury Officer [Group ‘B’, Gazetted] is regulated by a set of rules, the Sub-Treasury Officer, [Group ‘B’] Gazetted Recruitment Rules, 2014 [‘the 2014 Rules’, for short], framed under the proviso to Article 309 of the Constitution of India . The method of recruitment to the post of Sub-Treasury Officer [Group ‘B’, Gazetted], age limit, qualification and other matters have been specified in Column 5 to 13 of the Schedule to the 2014 Rules. As per the Schedule, a Bachelor's Degree in Commerce or Bachelor Degree in Business Administration or Bachelor Degree in any discipline with Economics or Statistics as one of the subjects from a recognised University is an essential qualification for direct recruitment for the post of Sub-Treasury Officer. As per said Schedule, such essential qualification applicable for direct recruitees, is not applicable for filling up a post of Sub-Treasury Officer by way of promotion from the feeder cadre of Treasury Accountant. For the feeder cadre of Treasury Accountant, five years regular service in the grade is a requirement. In addition to the five years regular service, an incumbent holding the post in the feeder cadre of Treasury Accountant has to be Graduate in any discipline. Thus, as per the Schedule, Graduation in any discipline is a must for a Treasury Accountant for promotion to the post of Sub-Treasury Officer. 15. When the officiating promotion of the petitioner was made by the Order dated 03.04.2017, it was made clear that such officiating promotion would be subject to clearance by the Departmental Promotion Committee [DPC] in due course. Admittedly, on 03.04.2017, the petitioner did not have any graduate degree. 15. When the officiating promotion of the petitioner was made by the Order dated 03.04.2017, it was made clear that such officiating promotion would be subject to clearance by the Departmental Promotion Committee [DPC] in due course. Admittedly, on 03.04.2017, the petitioner did not have any graduate degree. The petitioner acquired the compulsory qualification for promotion from the post of Treasury Accountant to the Sub-Treasury Officer only in the year 2020. When the DPC held its meeting on 28.04.2022, it considered the matter of filling the vacancies pertaining to year 2017 on regular basis. As the petitioner at the relevant point of time, did not have the graduate degree which was an essential qualification for promotion as per the 2014 Rules, the decision of the DPC cannot be faulted only on the ground that it mentioned that the petitioner did not fulfil the required educational qualification criteria as per the Office Memorandum dated 29.08.2019. In such view of the matter, the challenge made by the petitioner to the impugned Order of reversion dated 02.06.2022 is found not merited. Consequently, the writ petition is found to be bereft of any merit. Accordingly, the writ petition stands dismissed. 16. Notwithstanding the observations hereinabove, it is found that the petitioner has been serving in the department since 1988. The petitioner has claimed to have acquired the qualification of B.Com Degree and as per the 2014 Rules, graduation in any discipline is essential for promotion to the post of Sub-Treasury Officer from Treasury Accountant. As the petitioner had the required experience of minimum five years of regular service as Treasury Accountant and also appears to be in possession of graduation degree for consideration of his case for promotion on and from 2020 onwards, the petitioner is at liberty to submit a representation before the competent authority for consideration of his case for promotion as per the vacancy positions arising in the subsequent years. As the right to be considered for promotion is a fundamental right, it is expected that the departmental authorities in the event of petitioner submits a representation, would consider the same by taking into account all the relevant factors, more particularly, the long length of service rendered by the petitioner in the department. As the right to be considered for promotion is a fundamental right, it is expected that the departmental authorities in the event of petitioner submits a representation, would consider the same by taking into account all the relevant factors, more particularly, the long length of service rendered by the petitioner in the department. In the event of any vacancy is available to be filled up, the departmental authority shall consider the petitioner as per the extant rules and complete the exercise as expeditiously as possibly, preferably within a period of six months from the date of submission of such representation.