Page No.# 1/3 GAHC040002722025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WP(C)/75/2025 Nagamkia Nguki Son of Late Tagam Nguki, Village Nguki, Gusar Circle, PO and PS Dumporijo, Upper Subansiri District, Arunachal Pradesh 791122 and presently posted as AE (Plg) RWD, Yachuli and in charge of DPIU-III (Dumporijo) Upper Subansiri District, Arunachal Pradesh 791122 VERSUS The State of AP and 3 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Commissioner (RWD) Age: 0 Occupation : Govt of Arunachal Pradesh Secretariat Building Itanagar. 3:The Secretary (RWD) Age: 0 Occupation : Govt of Arunachal Pradesh Secretariat Building Itanagar. 4:The Chief Engineer (RWD) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar Advocate for the Petitioner : Parswajyoti Das Nair, Tsering Gyatso,Khogen Bui Advocate for the Respondent : GA (AP), SC (RWD),Gimi Tarak Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER Date : 24-02-2025 Heard Mr. P. D. Nair, learned counsel for the petitioner. Also heard Mr. G. Tarak, learned Standing Counsel, Rural Works Department. 2. The grievance of the petitioner is that though he is a Bachelor degree holder in Civil Engineer and joined as Junior Engineer in the department of Rural Works, Government of Arunachal Pradesh on 30.04.1997, he has all throughout been deprived of his due promotion from Junior Engineer to Assistant Engineer then to Executive Engineer. According to him, the persons who were not having qualification and were junior to him has already been promoted before him. 3. Mr. Nair, learned counsel for the petitioner contends that though there are some delays, however, the petitioner, on good faith awaited that the employer as a model employer will consider his case. However, till date his case has not been considered. Accordingly, he submits that the present writ petition is with a limited prayer that the representation already filed by the petitioner should be considered by the employer for promotion. 4. Mr. G. Tarak, learned Standing Counsel, RWD, on the other hand, submits that the State being a model employer shall definitely consider a genuine grievance of the employee and accordingly, the matter may be relegated to the authorities, more particularly to the Secretary (RWD), Page No.# 3/3 Government of Arunachal Pradesh, Itanagar to consider the grievance of the petitioner. 5. It is correct that an employee may not have vested right for promotion however, consideration for promotion is a valuable right inasmuch as such right has now been conferred to the status of fundamental right. 6. Be that as it may, as a consensus has been arrived at, the present writ petition is disposed of directing the Secretary (RWD), Government of Arunachal Pradesh, Itanagar to consider the representation of the petitioner already filed and pass a Speaking order taking of note of his grievances. The petitioner is at liberty to file fresh representation highlighting his grievances. The entire consideration shall be made within a period of 8(eight) weeks from the date of receipt of a fresh representation along with a certified copy of this order to the Secretary (RWD), Government of Arunachal Pradesh, Itanagar to be submitted by the petitioner. 7. With the aforesaid, the writ petition stands disposed. JUDGE Comparing Assistant