Tano Gongo Vs The State of Ap and 23 Ors.

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GAHC040017472024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH)

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Case No. : WP(C)/593/2024

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Tano Gongo

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Son of Late Dozar Gongo, resident of Jollang, PO and PS Itanagar, Papum Pare District, Arunachal Pradesh 791111

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VERSUS

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The State of AP and 23 Ors represented by the Chief Secretary, Govt of Arunachal Pradesh, Itanagar. 2:The Commissioner/ Secretary (Power) Age: 0 Occupation : Govt of Arunachal Pradesh Itanagar.

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3:The Chairman Age: 0 Occupation : Departmental Promotion Committee dated 10.06.2022

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4:The Chief Engineer Age: 0 Occupation : Department of Power Govt. of Arunachal Pradesh Itanagar.

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5:Nima Tsering Age: 0 Occupation : Son of Late Towla Monpa presently posted Assistant Engineer(E) Miao Electrical Division Miao Changlang District

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Arunachal Pradesh

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6:Hage Nengkha Age: 0 Occupation : S/o Hage Obin presently posted Assistant Electrical Inspector Ziro Lower Subansiri District Arunachal Pradesh 7:Purik Buchi Age: 34 Occupation : S/o Jumpu Buchi presently posted Assistant Engineer (E) SLDC Sub Division Itanagar Papumpare District Arunachal Pradesh 8:Moli Kamki Age: 36 Occupation : Son of Remo Kamki presently posted Assistant Engineer (E) Grid Station Sub Division Itanagar Papumpare District Arunachal Pradesh 9:Deken Boje Age: 42 Occupation : Son of Lukde Boje presently posted Assistant Engineer (E) Khonsa Electrical Sub Division Khonsa Tirap District Arunachal Pradesh 10:Yumnya Yongam Age: 35 Occupation : Son of Late Minyum Yomgam presently posted Assistant Engineer (E) Grid Station Sub Division Deomali Tirap District Arunachal Pradesh 11:Nabum Gamin

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Age: 42 Occupation : Son of Nabum Saha presently posted Assistant Engineer (E) Doimukh Electrical Sub Division Doimukh Papumpare District Arunachal Pradesh 12:Gyati Nobin Age: 33 Occupation : Son of Gyati Tada presently posted Assistant Engineer (E) Kanubari Electrical Sub Division Kanubari Longding District Arunachal Pradesh 13:Ms Jumyir Lollen Age: 36 Occupation : D/o Tojum Lollen presently posted Assistant Engineer (E) Mechuka Electrical Sub Division Shi Yomi District Arunachal Pradesh 14:Ms Minpi Tasar Age: 40 Occupation : D/o Late Pemin Gadi presently posted Assistant Engineer (E) Roing Electrical Sub Division Roing Lower Dibang Valley District Arunachal Pradesh 15:Neelam Raba Age: 44 Occupation : S/o Neelam Takhi presently posted Assistant Engineer (E) Yazali Electrical Sub Division Yazali Lower Subansiri District Arunachal Pradesh 16:Moter Basar Age: 38 Occupation : S/o Late Emo Basar presently posted Assistant Engineer (E) Deomali Electrical Sub Division

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Deomali Tirap District Arunachal Pradesh 17:Kajen Tamin Age: 40 Occupation : S/o Late Pakko Debom presently posted Assistant Engineer (E) Daporijo Electrical Sub Division Daporijo Upper Subansiri District Arunachal Pradesh 18:Todar Basar Age: 37 Occupation : S/o Late Dakto Basar presently posted Assistant Engineer (E) Jairampur Electrical Sub Division Jairampur Changlang District Arunachal Pradesh 19:Duyu Richo Age: 36 Occupation : S/o Duyu Gyute presently posted Assistant Engineer (E) Grid Station Sub Division Daporijo Upper Subansiri District Arunachal Pradesh 20:Oyi Nasi Age: 33 Occupation : S/o Maglom Nasi presently posted Assistant Engineer (E) Dumprijo Electrical Sub Division Upper Subansiri District Arunachal Pradesh 21:Hage Habung Age: 34 Occupation : Son of Hage Hailyang presently posted Assistant Engineer (E) Grid Station Sub Division Khuppi West Kameng District Arunachal Pradesh

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22:Nyanu Doji Age: 34 Occupation : S/o Karnya Doji presently posted Assistant Engineer (E) Changlang Electrical Sub Division Changlang District Arunachal Pradesh 23:Kipa Kame Age: 41 Occupation : S/o Kipa Nikio presently posted Assistant Engineer (E) Grid Station Sub Division Pasighat East Siang District Arunachal Pradesh 24:Doge Ete Age: 38 Occupation : S/o Nyado Ete presently posted Assistant Engineer (E) Nacho Electrical Sub Division Upper Subansiri District Arunachal Prades

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Advocate for the Petitioner : D Mazumdar, Sr. Advocate, T Don,Himat Richo,Larje Soki,1 P Borah

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Advocate for the Respondent : GA (AP), Kirmar Ado,Tokge Darin,Doge Lona,Marge Doji,Daina Tamuk,Dicky Panging,SC(Power),Lissing Perme

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BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

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ORDER

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Date : 10.03.2026

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Since similar matters have been taken up by a Division Bench of this Court and disposed of, the learned counsels for the parties submit that the instant matter being a covered case may be disposed of in similar terms. Reference in this regard is made to the common judgment and order dated 13.02.2026 passed by a Division Bench of this Court, wherein, the lead case is WA/28/2024

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( Marto Kamgo Vs. State of Arunachal Pradesh and 23 Ors. ).

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[2.] Heard Mr. D. Mazumdar, learned Senior counsel assisted by Mr. P. Bora, learned counsel for the petitioner. Also heard Ms. P. Sangeeta, learned counsel for the respondent Nos. 1 and 3, Mr. L. Perme, learned Standing Counsel, Power Department for the respondent Nos. 2 and 4 and Mr. D. Panging, learned counsel for the respondent Nos. 5 to 24.

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[3.] Briefly, the grievance of the petitioner is that he has been promoted on officiating basis to the post of Assistant Engineer (Electrical) vide order dated 07.07.2011 (Annexure-2) and therefore, his regularization in the said post should be from that date. The petitioner is therefore aggrieved with the order which was issued on 23.06.2022 (Annexure-16 series), wherein, his promotion has been made to the post of Assistant Engineer (Electrical) w.e.f the date of DPC i.e., 10.06.2022 and not from 07.07.2011. Similarly situated persons had approached this Court and this Court dismissed such writ petitions on the ground that no vacancies were available for giving them retrospective promotion. The decision of the learned Single Judge was put to challenge by the parties concerned by filing writ appeal and all the writ appeals came to be disposed of vide a common judgment and order dated 13.02.2026 with a lead case being WA/28/2024 wherein, the Division Bench interfered with the judgment and order of the learned Single Judge and directed the Department to re-do the exercise as regards the availability of vacancies from the date of officiating appointment of the appellants and if such vacancies in the promotional quota in the cadre of Assistant Engineers were found to be existing, the appellant should be given the benefit of seniority from such date and that they will be entitled to notional benefits only.

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[4.] Mr. D. Mazumdar, learned senior counsel submits that the present writ

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petitioner is also similarly placed and therefore squarely covered by the said judgment and order of the Division Bench of this Court. He therefore submits that writ petition may be disposed of in similar lines. He however submits that the petitioner may be given liberty to file a concise representation before the respondent authority concerned to enable the authority to effectively consider the case of the petitioner. The said submission made by Mr. D. Mazumdar, learned senior counsel is not opposed to by the learned counsels appearing for the other parties.

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[5.] In view of above, the writ petition is disposed of with a direction to the respondent Department to consider the case of the petitioner along with the appellants in WA/28/2024, WA/35/2024 and WA/1/2025 in terms of the judgment and order dated 13.02.2026 rendered by the Division Bench of this Court. In other words, the instant writ petition is disposed of in terms of paragraph No.26 and 27 of the said judgment and order. The petitioner and the private respondents are also given liberty to submit their respective representations and documents if any before the respondent authority concerned to facilitate consideration of their case in terms of the said judgment and order.

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[6.] With the above observations and directions, this writ petition stands disposed of.

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JUDGE

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Comparing Assistant

Tano Gongo v. The State of Ap and 23 Ors.

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Tano Gongo v. The State of Ap and 23 Ors.

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