R. KUOVIO KORHUO Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THE Petitioner was appointed as Lower Division Assistant in the Secretariat at Kohima on 4th June 1966 and later confirmed in that post. In 1965, the Petitioner was promoted to the post of Upper Division Assistant. By an order dated 9th December, 1971, the Petitioner was further promoted to officiate as Assistant Superintendent in the same Secretariat, Home Department with effect from 22.11.71. He was confirmed in the post of Asst. Superintendent by an order dated 27th June, 1986 with effect from 1.4.76.

(2.) BY a notification dated the 11th May, 1981 the Petitioner's officiating promotion to the post of Superintendent was regularised along with the others on the recommendation of the Selection Committee with effect from 3.9.78. the date on which the Petitioner was promoted to the post on officiating capacity. The aforesaid notification was superseded subsequently by another notification dated 29th June, 1984 and the regularisation of the Petitioner service along with others was made effective from 9.2.81 dated on which the Selection committee held its sitting. Being aggrieved the Petitioner made several representation stating the grievances of the Petitioner without any success. Hence this petition.

(3.) IT was contended by Miss C. Jajo, learned Counsel for the Petitioner that as the Petitioner's officiating promotion to the post of Superintendent was regularised on the recommendation of the Selection Committee with effect from 3.9.78 by a notification dated 11th May, 1981, there was no occasion for the Respondents to issue another notification dated 29th June, 84 superseding the earlier notification and thereby regularising the officiating promotion of the Petitioner to the post of superintendent with effect from 9.2.81, the date on which the selection committee held its meeting without any reason. The thrust of the Petitioner's case claiming seniority over the 5th and 6th Respondents is that when the Selection Committee held its sitting on 2.12.78 to consider the case of the 5th and 6th Respondents along with others, the Petitioner was eligible for consideration for the post of Superintendent, but for the erroneous interpretation of Rule 9(1) of the Nagaland Secretariat Services Rules, 1968 (hereinafter referred to as the Rules), the Petitioner's case was not considered by the Selection Committee on 2.12.78. The further case of the Petitioner is that, had the Petitioner's case been considered by the Selection Committee along with 5th and 6th Respondents the Petitioner has to be placed above the 5th and 6ih Respondents in terms' of Rule 28(2). It is further argued that even otherwise the Petitioner having been promoted on officiating basis to the post of Superintendent with effect from 3.9.1978 and the case to the 5th and 6th Respondents was recommended by the Selection Committee in its meeting held on 2.12.78 and they joined the posts on 2.7.79 and 30.6.79 respectively, the Petitioner is senior to the 5th and 6th Respondents. They joined the posts on 2.7.79 and 30.6.79 respectively, the Petitioner is senior to the 5th and 6th Respondents.