Bengia Kaku and 15 Ors v. The State of Ap and 8 Ors

ORDER Date : 17-01-2023 Heard Ms. T. Yajo, learned counsel for the applicants/writ petitioners. Also heard Mr. S. Tapin, learned Senior Government Advocate for the State respondents. Page No.# 12/13 This is an application seeking impleadment of opposite party nos. 6, 7, 8 & 9, who are the Principal Secretary (Finance), Govt. of Arunachal Pradesh; The Secretary (Finance), Government of Arunachal Pradesh; The Secretary of the Administrative Reform, Government of Arunachal Pradesh, Itanagar and the Joint Secretary of the Administrative Reform, Government of Arunachal Pradesh, respectively, as respondent nos. 6, 7, 8 & 9 in WP(C) No. 293(AP)/2022, contending that the aforesaid opposite parties are necessary party in the writ petition. Mr. Tapin while agreeing to the submission of the learned counsel for the applicants, has however, pointed out that if the opposite party nos. 6 & 8, who are the Principal Secretary (Finance), Govt. of Arunachal Pradesh and the Secretary of the Administrative Reform, Government of Arunachal Pradesh, Itanagar, respectively, are impleaded as respondents in the writ petition, would serve the purpose. However, the learned counsel for the applicants submits that the respondent nos. 7 & 9, who are the Secretary (Finance), Government of Arunachal Pradesh and the Joint Secretary of the Administrative Reform, Government of Arunachal Pradesh, are also a necessary party. Having heard the learned counsel for the parties, this application is allowed. Accordingly, let opposite party nos. 6, 7, 8 & 9, who are the Principal Secretary (Finance), Govt. of Arunachal Pradesh; the Secretary (Finance), Government of Arunachal Pradesh; the Secretary of the Administrative Reform, Government of Arunachal Pradesh, Itanagar and the Joint Secretary of the Administrative Reform, Government of Arunachal Pradesh, Page No.# 13/13 respectively, be impleaded as respondent nos. 6, 7, 8 & 9 in WP(C) No. 293(AP)/2022. The interlocutory application stands allowed and disposed of. JUDGE Comparing Assistant

Page No.# 1/13 GAHC040000172023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 4/2023 1:Bengia Kaku and 15 Ors. (Lower Division Clerk, LDC), W/o Shri Tarh Tassap, C/o Banderdewa, District Papumpare, Department of Tax, Excise and Narcotic, Govt. of Arunachal Pradesh. 2: Tadu Lily D/o Shri Tadu Richo O/o Commissioner District Itanagar Capital Region 3: Arun Mandal S/o Shri D.R. Mandal O/o Commissioner Itanagar Capital Region Excise and Narcotics Page No.# 2/13 4: Geeta Nido W/o Shri Nido Arun Zone I Naharlagun 5: Kaling Lego S/o Shri Kalom Lego O/o Commissioner Excise and Narcotic 6: Yomyir Ete W/o Shri Moli Basar O/o Commissioner Excise and Narcotic 7: Adam Lego (Lower Divison Clerk W/o Nibang Pertin O/o Superintendent Roing Page No.# 3/13 Excise and Narcotic 8: Toko Yeli W/o Shri Keji Tapok Banderdewa Zone 9: Gomar Basar S/o Shri Togo Basar O/o the Superintendent Ziro Excise and Narcotics. Govt. of Arunachal Pradesh. 10: Pura Napi D/o Shri Pura Horming O/o The Commissioner Excise and Narcotic 11: Kesum Jongkey Page No.# 4/13 W/o Shri Obang Nobeng Yingkiong Zone 12: Chau Chantakung Kamthong W/o Ngunsa Kamthong Namsai Zone Excise and Narcotic 13: Yakot Pasar LDC ) W/o Late Talong Padu Yingkiong Zone 14: Reena Gyadi W/o Shri Amar Tapu C/o Seppa District East Kameng Excise Page No.# 5/13 and Narcotic 15: Doyum Taipodia W/o Shri Mindo Taipodia O/o The Commissioner District Itanagar Capital Region Excise and Narcotic 16: Ligam Loya W/o Shri Doba Loyi Aalo Zone District West Siang Excise and Naroctic Govt. of Arunachal Pradesh VERSUS 1:THE STATE OF AP and 8 Ors. Represented by the Chief Secretary, Govt. of Arunachal Pradesh, Itanagar. 2:The Secretary Tax Excise and Narcotics Govt. of Arunachal Pradesh Itanagar. 3:The Commissioner Tax Excise and Narcotics Page No.# 6/13 Govt. of Arunachal Pradesh Itanagar. 4:The Chairman Arunachal Pradesh Staff Selection Board (APSSB) Govt. of Arunachal Pradesh Itanagar. 5:The Secretary cum CoE Arunachal Pradesh Staff Selection Board (APSSB) Govt. of Arunachal Pradesh Itanagar. 6:The Principal Secretary Finance Govt. of Arunachal Pradesh Itanagar. 7:The Secretary Finance Govt. of Arunachal Pradesh Itanagar. 8:The Secretary Administrative Reform Govt. of Arunachal Pradesh Itanagar. 9:The Joint Secretary Administrative Reform Govt. of Arunachal Pradesh Itanagar Advocate for the Petitioner : B Arun Advocate for the Respondent : GA (AP) Page No.# 7/13 Linked Case : WP(C) 293/2022 1:Bengia Kaku and 15 Ors. W/o Shri Tarh Tassap C/o Banderdewa District Papumpare Govt of Arunachal Pradesh. 2: Tadu Lily D/o Shri Tadu Richo O/o Commissioner District Itanagar Capital Region 3: Arun Mandal S/o Shri D.R. Mandal O/o Commsisioner Itanagar Capital Region 4: Geeta Nido W/o Shri Nido Arun Zone I Naharlagun Page No.# 8/13 5: Kaling Lego (Lower Divsion Clerk S/o Shri Kalom Lego O/o Commissioner 6: Yomyir Ete W/o Shri Moli Basar O/o Commissioner 7: Adam Lego W/o Nibang Pertin O/o Superintendent Roing 8: Toko Yeli W/o Shri Keji Tapok Banderdewa Zone Page No.# 9/13 9: Gomar Basar S/o Shri Togo Basar O/o The Superintendent Ziro 10: Pura Napi D/o Shri Pura Horming O/o The Commissioner 11: Kesum Jongkey W/o Shri Obang Nobeng Yingkiong Zone 12: Chau Chantakung Kamthong W/o Ngungsa Kamthong Namsai Zone Page No.# 10/13 13: Yakot Pasar W/o Late Talong Padu Yingkiong 14: Reena Gyadi W/o Shri Amar Tapu C/o Seppa District East Kameng 15: Doyum Taipodia W/o Shri Mindo Taipodia O/o The Commissioner District Itanagar Capital Region 16: Ligam Loya W/o Shri Doba Loyi Page No.# 11/13 Aalo Zone District West Siang VERSUS 1:THE STATE OF AP and 4 Ors. To be Represented by the Chief Secretary Govt. of Arunachal Pradesh. Itanagar. 2:The Secretary 3:The Commissioner 4:The Chairman Arunachal Pradesh Staff Selection Board (APSSB) Govt. of Arunachal Pradesh Itanagar. 5:The Secretary cum CoE Arunachal Pradesh Staff Selection Board (APSSB) Govt. of Arunachal Pradesh Itanagar. Ad