KOZO LASUH Vs. STATE OF NAGALAND
HIGH COURT OF GAUHATI (AT: KOHIMA)
STATE OF NAGALAND
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(1.) The Government of Nagaland enacted the Directorate of Ministerial Service Rules, 2006 (herein after "the Rules of 2006") under Article 309 of the Constitution. At Schedule-1 of the Rules of 2006, for promotion to the post of UDA, 100% reservation is made by promotion. In the mode of recruitment with regard to the promotion to the post of UDA Directorate, it is provided that the promotion to UDA Directorate shall be made by the appointing authority on the basis of Seniority-cum-Merit from amongst the LDAs in the Directorate who have rendered not less than 5 years and from UDAs of the District/Sub-Divisional Officer having requisite qualifications with total length of service of 12 years (including the service rendered as LDA) and have successfully undergone such training and passed such examinations as may be prescribed by the Government from time to time. The percentage for promotion to the post of Directorate UDA was to be made on the basis of 60% by departmental promotion for Directorate LDA and 40% by promotion from the Districts/Sub-Divisions.
(2.) The Department of Personnel and Administrative Reforms (Administrative Reforms Branch), Government of Nagaland issued an Office Memorandum dated 02.09.2009 whereby, Schedule-1 to the Rules of 2006 was amended by providing that instead of 40% of vacancies in the cadre of Directorate UDAs, the number is reduced to 25% of vacancies arising in a calendar year for promotion from eligible District/Sub-Division UDAs with immediate effect. However, the total length of service of 12 years (including the service rendered as LDA) for promotion to the rank of UDAs in the Directorate was to continue.
Another Office Memorandum dated 17.03.2015 was again issued by the Personnel and Administrative Reforms Department, Administrative Reforms Branch, Government of Nagaland superseding the earlier Office Memorandum dated 02.09.2009 by providing that the vacancies arising in a calendar year for promotion of eligible District/Sub-Division UDAs to come to the Directorate as UDAs should reserve 15% of posts instead of 25% with immediate effect. However, the total length of service of 12 years (including the service rendered as LDA) for promotion to the rank of UDA in the Directorate was to continue.
(3.) The present writ petition pertains to filling up of one post of UDA in the Directorate by the respondent No. 4 from the District in the vacancies arising in the year 2014. The petitioners alleges that the promotion of the respondent No. 4 from the District UDA to the Directorate UDA has been done in violation of the Office Memorandum dated 17.03.2015 which provides for only 15% reservation of posts arising in a calendar year to the District/Sub-Division UDA's to come to the Directorate as UDAs.;
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