Shri Bomi Nyorak and 13 Ors. v. The State of AP and 4 Others
WA/28/2023 · 2025-04-01
Kalyan Rai Surana, Yarenjungla Longkumer
body2025
DailyLaw.ai
[ 2025 DAILYLAW 4823 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 4823 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/6 GAHC040012662023
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : WA/28/2023 Shri Bomi Nyorak and 13 Ors. Son of Late Pakbom Nyorak, resident of Basar, District Leparada, Arunachal Pradesh. 2: Smti Aihi Taggu Age: Occupation : daughter of Sri Talong Taggo resident of Pasighat District - East Siang Arunachal Pradesh 3: Shri Er. Tung Sono Age: Occupation : Son of Sri Tayang Sono resident of Anne - Donyi Colony Seepa District - Kameng Arunachal Pradesh. 4: OsemMongku Age: Occupation : son of Late SolungMongku resident of Vivek Vihar Tuku Apartment District -Papum Pare Arunachal Pradesh Assam. 5: Sri Takap Lamrah Age: Occupation : son of Sri Nibo Lamrah
Page No.# 2/6 resident of Mob-II Panchali Itanagar District - Papum Pare Arunachal Pradesh 6: Smti Er. Millo Ampi Age: Occupation : daughter of Sri Millo Mali resident of Maliyadi Trading Centre E-Sector Itanagar District - Papum Pare Arunachal Pradesh 7: Sri Tana Zoma Age: Occupation : son of Late Tana Sera resident of Village - Sanglee District -Pamum Pare Arunachal Pradesh. 8: Sri Tad Logi Age: Occupation : son of Late Tad Hai resident of Nirjuli P.O and P.S Nirjuli District - Papum Pare Arunachal Pradesh. 9: Sri Er. Kari Ete Age: Occupation : son of Sri Hengkar Ete resident of Green Mount School Road F-Sector Itanagar District - Papum Pare Arunachal Pradesh 10: Sri Kenge Angu Age: Occupation : son of Sri Goken Angu resident of PuakGumin Aalo
Page No.# 3/6 District - West Siang Arunachal Pradesh 11: Smti Elena Gao Age: Occupation : daughter of Late Okom Gao resident of Mirbuk Village Pasighat District - East Siang Arunachal Pradesh. 12: Sri Kapu Takar Age: Occupation : son of Late Kapu Tall resident of Abotani Colony Itanagar Dist - Papum Pare Arunachal Pradesh. 13: Sri Sang Khandu Thongdok Age: Occupation : son of Sri Dorjee Thongdok resident of Shergaon District - West Siang Arunachal Pradesh. 14: Smti Nabam Yate Age: Occupation : daughter of Sri Nabam Kama resident of Village- Chimpu P.O and P.S Chimpu Itanagar Dist- Papum Pare Arunachal Pradesh VERSUS The State of AP and 4 Others represented by Chief Secretary, Govt. of Arunachal Pradesh, Itanagar cum Chairman Departmental Promotion Committee. 2:The Commissioner and Secretary Age: 0 Occupation :
(PHE and WS) Govt. of Arunachal Pradesh
Page No.# 4/6 Itanagar.
3:Sri Moli Tatu Age: 53 Occupation : son of Late SemmoRiba resident of Village - Dali P.O and P.S - Dali District - Leparada Arunachal Pradesh. 4:Sri Jomba Loya Age: 52 Occupation : son of late Tajom Loya resident of Village - Kabu P.O and P.S - Aalo Dist- West Siang Arunachal Pradesh. 5:Sri Itum Naso Age: 0 Occupation : son of late Toi Naso resident of Village - Logum Jini P.O and P.S Aalo District - West Siang Arunachal Prades Advocate for the Petitioner : Teto Taba, C Ering,B Taba Advocate for the Respondent : GA (AP), for caveator,Rintu Saikia
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA HONOURABLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 02.04.2025 (Kalyan Rai Surana, J.) Heard Mr. T. Taba, learned counsel for the appellants. Also heard Mr. N. Ratan, learned Additional Advocate General for the State respondents No.1 and 2 as well as Mr. I. Bam, learned counsel for the respondents No.3, 4 and 5.
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2. The learned Additional Advocate General has referred to the order dated 30.05.2024 and it is submitted that the Court had allowed the State respondents to work out the details of excess promotes and/or direct recruits existing in the cadre of Assistant Engineers in the Public Health Engineering& Water Supply Department and that, on conclusion of such exercise, the department was required to prepare a Tentative Agenda Note for placement before the departmental promotion committee, wherein the vacancies were required to be spelled out for grant of retrospective promotion to the respondents No.3, 4 and
5. Accordingly, he submits that said exercise is concluded and an affidavit by the respondent No.2 has been filed on 16.09.2024. Accordingly, it is submitted that there is a consensus amongst the parties i.e., the appellants and the respondents No.3, 4 and 5, by virtue of which, the appellants and the respondents No.3, 4 and 5 have raised no objection, which is appended as Annexure-I to the said affidavit.
3. On the query of the Court, the learned counsel for the appellants as well as the learned counsel for the respondents No.3, 4 and 5 submitted that they have instructions not to oppose the submissions made by the learned Additional Advocate General, subject to the State adhering to the date of retrospective promotion as given in the NOC.
4. Accordingly, as a consensus has been arrived at between the appellants and the respondents No.3, 4 and 5, this writ appeal stands disposed of, granting liberty to the State to constitute a departmental promotion committee to consider the retrospective promotion of the appellants as well as the respondents No.3, 4 and 5, in terms of the consensus arrived at amongst the parties.
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5. Consequently, the impugned judgment and order dated 05.07.2023, passed by the learned Single Judge in WP(C)297/2021 would merge with this
order.
JUDGE JUDGE Comparing Assistant