Petitioners, firemen requesting consideration of their promotion representations before the fast track test, sought judicial direction. The court directed respondents to dispose of the pending representations by 19.11.2020 and disposed the petition in the motion stage.
Directions to consider and dispose pending representations by 19.11.2020.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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GAHC040007902020
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)
Case No. : WP(C) 314/2020
1:Fireman Tommo Nomuk
FIRESTATION, NAHARLAGUN, DISTRICT PAPUM PARE , AP.
2: BIKA BOLE FIRESTATION NAHARLAGUN DISTRICT PAPUM PARE AP.
3: JARDE YOMCHA FIRESTATION NAHARLAGUN DISTRICT PAPUM PARE AP.
4: GYAMAR TARA FIRESTATION NAHARLAGUN DISTRICT PAPUM PARE AP.
5: NYAJAR TATO FIRESTATION NAHARLAGUN DISTRICT PAPUM PARE AP.
6: BELI BAGRA FIRESTATION AALO
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DISTRICT WEST SIANG AP.
7: SODE TAJOM AALO FIRE STATION AALO DISTRICT WEST SIANG AP.
8: MINDOM YOMGAM BASAR FIRE STATION BASAR DISTRICT LEPARADA AP.
9: TOMKA RAKSHAP FIRESTATION ITANAGAR.
10: MOLIN YOMGAM FIRE STATION ROING DISTRICT DIBANG VALLEY AP.
11: GEDAM TALLY FIRE STATION LIKABALI DISTRICT LOWER SIANG AP.
12: KENPUM TASAR FIRE STATION KHONSA DISTRICT TIRAP AP.
13: GELUK MINGA FIRESTATION DAPORIJO DISTRICT UPPER SUBANSIRI AP.
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14: LUKPI GADI FIRESTATION KOLORIANG DIST. KURUNG KUMEY AP. 15: LUKRAK MEMMI FIRE STATION ROING DISTRICT LOWER DIBANG VALLEY AP.
16: TUMROM BOGO FIRE STATION SEPPA DISTRICT EAST KAMENG AP.
17: P.C. JHAJHARIA FIRESTATION ITANAGAR DISTRICT PAPUM PARE AP.
18: DEJUM RONYA FIRESTATION DAPORIJO DISTRICT UPPER SUBANSIRI A P.
19: DURGESH GUPTA FIRESTATION NAHARLAGUN DISTRICT PAPUM PARE AP.
20: NARENDER SINGH FIRESTATION ITANAGAR DISTRICT PAPUM PARE AP.
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21: TAPOSH ROI FIRESTATION BALUKPONG DISTRICT WEST KAMENG AP.
22: PREM KUMAR FIRESTATION (HEADQUARTER) ITANAGAR DIST. PAPUM PARE AP. 23: RAJESH SINGH FIRESTATION (HEADQUARTER) ITANAGAR DISTRICT AP.
24: M.K.PANDEY FIRESTATION TEZU DISTRICT LOHIT AP.
25: PUSI GAMLIN FIRESTATION NAHARLAGUN DIST. PAPUM PARE AP.
26: JUMKIR KAMKI FIRESTATION LIKABALI DISTRICT LOWER SIANG AP VERSUS
1:The State of AP and Others REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF A P, ITANAGAR
2:THE COMMISSIONER (HOME)
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GOVT. OF AP ITANAGAR.
3:THE DIRECTOR GENERAL OF POLICE ARUNACHAL PRADESH PHQ ITANAGAR.
4:THE DIRECTOR FIRE AND EMERGENCY SERVICE GOVT. OF AP PHQ ITANAGAR. 5:THE SR. SUPERINTENDENT OF POLICE FIRE AND EMERGENCY SERVICE AP ITANAGAR
Advocate for the Petitioner : Lissing Perme
Advocate for the Respondent : GA (AP)
Mr. S. Tapin, SGA
BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA
ORDER
Date : 17-11-2020
Heard Mr. L. Perme, learned counsel for the petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate, appearing on behalf of all the Respondents.
No formal notice is required to be served upon the respondents as because Mr. S. Tapin, learned Senior government Advocate has accepted notices on behalf of all the respondents. However, requisite extra-copies of the petition along with the annexure appended thereto shall be furnished to him during the course of the day.
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Here the petitioners are working under the State of Arunachal Pradesh Police Department as Fireman and many of them have completed long years of service, but they have not been promoted to the post of LFM (Leading Fireman). They had filed 3(three) representations namely, Annexure No. 6 dated 02.04.2020, Annexure No. 7 dated 19.05.2020 and Annexure No. 9 dated 10.11.2020, requesting the respondents to consider their case to conduct fast track promotion test for the Leading Fireman. In the meantime, the respondents are on the verge of promoting some existing Fireman to the post of Leading Fireman in a particular process of promotion.
Mr. L. Perme, learned counsel for the petitioners submitted that the 3(three) representations filed by the petitioners are still pending and respondents should be directed to consider and dispose of these representations before holding the test for promotion to the Leading Fireman.
Mr. S. Tapin, learned Senior Government Advocate has submitted that he would not object, if such a direction is passed.
Considering the submissions made by the learned counsels, it is hereby directed that the respondents shall consider and dispose of the aforesaid 3(three) representations by 19.11.2020.
The writ petition stands disposed of in the motion stage.
JUDGE
Comparing Assistant
3 issues framed by the court
Whether the respondents must consider pending representations for leading fireman promotion before conducting the fast track test
What direction should be issued for the disposal of the pending representations
Whether the writ petition requires disposal at the motion stage
Fireman Tommo Nomuk and Others
The State of Arunachal Pradesh
Chief Secretary, Govt. of A.P.
Commissioner (Home)
Director General of Police
Director Fire and Emergency Service
Parthivjyoti Saikia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
