Inong Pabin (Dy. Fr) and 10 Ors v. The State of Ap and 16 Ors

ORDER Date : 17.01.2023 (Nani Tagia, J)

Heard Mr. Tabit Tapak, learned counsel for the applicants.

Also heard Mr. Subu Tapin, learned Senior Government Advocate, appearing on behalf of Opposite Parties No. 1 to 5; and Mr. Taba Tagum, learned counsel; appearing on behalf of opposite parties No. 6 to 17.

By means of this interlocutory application, the applicants have prayed for suspension of the letter, dated 18.08.2022, written to the Principal Chief Conservator of Forests, Wildlife & Biodiversity; Principal Chief Conservator of Forests, Working Plan & Conservation; Chief Conservator of Forests, Central Circle/Southern Circle/Eastern Circle & Western Circle; and the Director, SFRI, Chimpu; by the Conservator of Forests(HQ), Department of Environment, Forests & Climate Change, Government of Arunachal Pradesh, Itanagar; whereby, No Objection Certificates of the Deputy Forest Rangers named in the letter, dated 18.08.2022, along with the ACRs/APARs, for the period 2016-17 to 2021-2022, have been requested to be obtained for the purpose of consideration of their cases for promotion to the post of Range Forest Officer.

The applicants, 11 in nos., herein, are stated to be the Undergraduate Deputy Forest Rangers and the Opposite Parties No. 6 to 17 are the Graduate Deputy Forest Rangers, working in the Department of Environment & Forest, Government of Page No.# 13/14 The applicants, herein, had filed a writ petition being WP(c)325(AP)2020, challenging the constitutional validity of the Ranger Forest Officer Recruitment Rules, 2019, to the extent, it prescribes the educational qualification of the Bachelors Degree in the subject specified in the aforesaid Recruitment Rules for promotion to the post of Range Forest Officer from the post of Deputy Forest Range Officer.

The Opposite Parties No. 6 to 17 are also the respondents in the writ petition i.e. WP(c)325(AP)2020, filed by the applicants.

Mr. Tagum, learned counsel representing the Opposite Parties No. 6 to 17, however, submits that the names of the Opposite Parties No. 6 to 17 are not there in the letter, dated 18.08.2022; the suspension of which letter, has been sought for by the applicants, herein.

In view of the above, the prayer made by the applicants for suspension of the letter, dated 18.08.2022, written to the Principal Chief Conservator of Forests, Wildlife & Biodiversity; Principal Chief Conservator of Forests, Working Plan & Conservation; Chief Conservator of Forests, Central Circle/Southern Circle/Eastern Circle & Western Circle; and the Director, SFRI, Chimpu; by the Conservator of Forests(HQ), Department of Environment, Forests & Climate Change, Government of Arunachal Pradesh, Itanagar; cannot be granted in this interlocutory application as none of the names of the Opposite Parties No. 6 to 17 are stated to have been named in the letter, dated 18.08.2022, referred to hereinabove.

However, in the facts and circumstances of the case; we are of the considered view that any promotion that may be made to the Opposite Parties No. 6 to 17, herein/Respondent No. 6 to 17 in WP(c)325(AP)2020, to the posts of Range Forest Officer, shall be, subject, either, to the final outcome of WP(c)325(AP)2020, or, to the Page No.# 14/14 further order(s) that may be passed in WP(c)325(AP)2020. It is hereby ordered accordingly.

The interlocutory application accordingly stand disposed of.

JUDGE JUDGE

Comparing Assistant

Page No.# 1/14 GAHC040013962022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) (ITANAGAR BENCH) Case No. : IA(C) 226/2022 1:Inong Pabin (Dy. FR) and 10 Ors. S/o Late Tadang Pabin Village Mirbuk, PO/PS Pasighat, Dist. East Siang, Arunachal Pradesh. Mobile No 9366582526 2: Tapok Miroh (Dy. Ranger) S/o Late Tayi Miroh Village Nari PO/PS Nari District Lower Siang 3: Migo Ada (Dy. FR) S/o Late Remi Ada Village Dipa PO/PS Likabali District Lower Siang 4: Kanto Miroh (Dy. FR.) S/o Late Tado Miroh Village Liru PO/PS Likabali District Lower Siang Page No.# 2/14 5: Marbin Gibi (Dy. FR) S/o Shri Yummar Gibi Village Jipu PO/PS Likabali Dist. Lower Siang 6: Dakgi Taipodia (Dy. FR) S/o Late Nidak Taipodia Village Liru PO/PS Likabali Dist. Lower Siang 7: Jumto Tao (Dy. FR) S/o Shri Ijum Tao Village Liru PO/PS Likabali Dist. Lower Siang 8: Yumkar Nyori (Dy. FR) S/o Late Maryom Nyori Village Rilu PO/PS Basar Dist. Leparada 9: Kago Tayu (Dy. FR) S/o Late Kago Hailang Village Hija PO/PS Ziro Dist. Lower Subansiri 10: Yortum Riram (Dy. FR) Page No.# 3/14 S/o Late Jumyor Riram Village Puakgumin PO/PS Aalo Dist. West Siang 11: Marbom Sora (Dy. FR) S/o Late Jummar Sora Village Sipu Colony PO/PS Aalo District West Siang Arunachal Pradesh VERSUS 1:THE STATE OF AP and 16 Ors. Represented through Chief Secretary, Govt. of Arunachal Pradesh. Itanagar 791111 2:The Secretary Administrative Reforms Govt. of Arunachal Pradesh. Itanagar 791111 3:The Principal Secretary Environment and Forest Itanagar 791111 4:The Principal Chief Conservator of Forest Itanagar 791111 5:The Conservator of Forest (Hq.) Department of Environment and Forest Itanagar 791111 6:Chow Konseng Chowpo B.Sc (Hons) (Range Forest Officer) Lohit Forest Division Page No.# 4/14 Tezu Department of Forest and Environment District Lohit 7:Oyem Mize B.Sc (Agri) (Range Forest Officer) Dibang Forest Division Roing Department of Forest and Environment Govt. of Aunachal Pradesh District Dibang Lower Dibang Valley 8:Kabuk Lego M.Sc PhD. (Range Forest Officer) Meho Wildlife Division Roing Department of Forest and Environment District Lower Dibang Valley 9:Rubu Tado B.Sc (Range Forest Officer) Pakke Wildlife Division Seijosa Department of Forest and Environment District Pakke Kessang Arunachal Pradesh.sss 10:Talo Dibo B. Sc (Range Forest Officer) Hapoli Forest Division Hapoli Page No.# 5/14 Department of Forest and Environment District Lower Subansisri 11:Taba Begi B.Sc (Range Forest Officer) Capital Social Forestry Division Itanagar Department of Forest and Environment District Papum Pare 12:R.N Singh B.Sc (Range Forest Officer) Namsai Forest Division Namsai Department of Forest and Environment District Namsai 13:Subash Chakraborty B.Sc (Range Forest Officer) Meho Wild Life Division Roing Department of Forest and Environment District Lower Dibang Valley 14:Diwang Lowang B.Sc (Range Forest Officer) Deomali Forest Division Deomali Department of Forest and Environment District Tirap Page No.# 6/14 15:Techi Khili B.Sc (Range Forest Officer) Social Forestry Division Itanagar Department of Forest and Environment District Papum Pare 16:Biri Tarang B.Sc (Range Forest Officer Balijan) Banderdewa Forest Division Banderdewa Department of Forest and Environment District Papum Pare 17:Majik Talit B.Sc (Range Forest Officer Tali) Kra Daadi Forest Division Department of Forest and Environment District Kra Daadi Arunachal Pradesh Advocate for the Petitioner : T Taki Advocate for the Respondent : GA (AP) Linked Case : WP(C) 325/2020 1:INGONG PABIN AND 10 ORS. PageoNo.#o7/14 oS/OLT.oTADANGoPABIN oVILLAGEoMIRBUK oPO/PSoPASIGHAT oDIST.oEASToSIANG oAP. 2:oTAPAKoMIROH oVILLAGEoNARI oPO/PSoNARI oDISTRICToLOWERoSIANG oAP. o3:oMIGOoADA oS/OoLT.oREMIoADA oVILLAGEoDIPAo oPO/PSoLIKABALI oDIST.oLOWERoSIANG oAP. o4:oKANTOoMIROH oS/OoLT.oTADOoMIROH oVILLAGEoLIRU oPO/PSoLIKABALI oDIST.oLOWERoSIANG oAP. o5:oMARBINoGIBI oS/OoSHRIoYUMMARoGIBI oVILLAGEoJIPU oPO/PSoLIKABLIo oDIST.oLOWERoSIANG oAP. o6: