INOKIVI YEPTHO Vs. ALOTO V. TUCCU

JUDGEMENT

(1.) Heard Mr. Hisinlo, learned counsel for the appellant, Mr. Wati Jamir, learned counsel for the respondent No. 1/writ petitioner and Mr. N. Angami, learned Government Advocate, Nagaland for the respondent Nos. 2 to 5.

(2.) This writ appeal by the appellant Sri Inokivi Yeptho is against the order dated 23.07.2018, passed by the learned Single Judge in WP(C) No. 156(K)/2017 whereby his appointment as Driver in the establishment of the Deputy Commissioner, Zunheboto, Nagaland issued under order No. ESTT.14 (DLRB) 2015-16 dated 13.01.2017 was set aside holding his selection and appointment to the said post as advertised on 21.09.2016 was arbitrary and in violation of the Article 14 of the Constitution of India, directing the respondents therein to consider the case of the respondent No.1/writ petitioner, Sri Aloto V. Tuccu, in the resultant vacancy as per the waiting list made by the Selection Committee.

(3.) The appellant stated that in pursuance of said order dated 23.07.2018 of the learned Single Judge passed in WP(C) No. 156(K)/2017, the Deputy Commissioner, Zunheboto by Order No. WP(C) No. 156(K)/2017/891 dated 30.10.2018 released the petitioner from his establishment and by Order No. WP(C) No. 156(K)/2017/892 dated 30.10.2018 appointed the respondent No.1/writ petitioner as Driver in his establishment in the pay matrix of Rs. 18,000/- per month with all other allowances as admissible to him from time to time under Nagaland Service Rules, in the resultant vacancy caused due to release of the appellant, giving effect of the said order from the date of singing of the same.