BENJONGTOSHI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. C.T. Jamir, learned senior counsel for the petitioners. Also heard Mr. K. Sema, learned Sr. Addl. Advocate General, Nagaland assisted by Ms.Livika, learned Govt. Advocate for the State respondents.

(2.) The core issue involved in this petition is whether the petitionershad rendered 35 (thirty five) years of service under the State Government of Nagaland, which necessitated issuance of the impugned order dated 7.12.2018, by which the State government released the petitioners from service on stated completion of 35 (thirty five) years of service on 28.02.2018.

(3.) The objection raised by the petitioners in this petition is that the aforesaid calculation made by the State Government that the petitioners completed 35 (thirty five) years on 28.2.2018 is patently wrong as they were appointed w.e.f. 30.4.1984 in terms of the order dated 17.4.2012, in which event, they would complete 35 (thirty five) years of service under the State Government on 30.8.2019. However, by the impugned release order, they have been prematurely released from service, thus prejudicially affecting their right to continue in service.