ER HOTOKHU ACHUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The 18 (eighteen) Petitioners in the rank of Assistant Engineer/SDO in the department of Works and Housing, Govt. of Nagaland, are aggrieved by the minutes of the Selection Committee dated 20.11.2007, by which recommendations were made for regularisation of officiating promotion of the 9(nine) incumbents indicated therein. The Petitioners are concerned with the recommendation made in favour of the Respondent NO. 5 for regularisation of his officiating promotion in the rank of Executive Engineer. For a ready reference, the minutes of the meeting held on 20.11.2007 is reproduced below:

(2.) According to the Petitioners they being senior in service, could not have been ignored for promotion to the post of Executive Engineer. Referring to the Nagaland Engineering Service Rules, 1997, it is the case of the Petitioners that there has been wholesome violation of the provisions of the said rules governing promotion to the post of Executive Engineer from Assistant Engineer/SDO.

(3.) The Petitioners are the direct recruits to the post of Assistant Engineer/SDO. They were so appointed pursuant to their selection by the NPSC in the year 1995-96. On the other hand, the Respondent No. 5 was first appointed as Computer/Draftsman Grade-I in the year 1985 and his service was regularised on 21.7.1986. Upon such regularisation, he was appointed as Overseer Grade-I (Civil). Be it stated here that the Respondent No. 5 at the relevant time was only a diploma holder unlike the Petitioners who are Degree holder. Consequent upon granting of study leave, the Respondent No. 5 also obtained degree in Civil Engineering and consequently he was given officiating promotion to the post of Assistant Engineer by an order dated 1.4.1997. Thereafter, his service was regularised as Assistant Engineer through the DPC by order