LIPOKMAR YADEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is refusal to fix the seniority of the Petitioner in the promoted cadre Class-I Junior Grade in the Department of Soil & Water Conservation, Government of Nagaland in terms of the notification dated 14.6.2007 wherein the initial officiating promotion of the Petitioner to the post of Sub-Divisional Officer/Soil Survey Officer is reflected to be on 12.6.89.

(2.) I have heard Mr. C.T. Jamir, learned Counsel for the Petitioner, Ms. Luci, learned GA, Nagaland, Mr. B.M. Sarma, Senior Advocate, assisted by Mr. A. Pongener, learned Counsel for the private Respondents except Respondent No. 6 and Mr. N. Mozhui, learned SC for Nagaland Public Service Commission.

(3.) The case of the Petitioner as projected in this writ petition is that he was initially appointed as Assistant Soil Survey Officer under the Directorate of Soil & Water Conservation Department, Government of Nagaland, vide order dated 12.10.87. Thereafter he was promoted to the next higher grade of Soil Survey Officer vide notification dated 12.6.89. As per relevant Service Rules the post of Assistant Soil Survey Officer is a Class-Ill category post whereas the post of Soil Survey Officer/Sub-Divisional Officer falls within the category of Class-II post. It is contended that while the Petitioner continued to render service in the promoted post of Soil Survey Officer, a DPC was held on 18.7.96 for the purpose of consideration of regularisation of officers in Class-II cadre. In the said DPC while the case of the Petitioner came up for consideration, the DPC held that his case could not be recommended for regularization as that would amount to supersession of many other senior officers of the same category. Such a DPC was again held in the year 2001 wherein also the DPC rejected the prayer of the Petitioner for regularization on the same ground. The Petitioner challenged the action of the Respondents in not regularizing him as prayed for by filing WP(C) No. 96(K)/2005, which was disposed of vide judgment and order dated 8.6.2006, wherein the Respondent authorities were directed to consider the case of the Petitioner and the other officers senior to him in the grade in terms of the relevant Service Rules.