ERUUPFEU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Kekriengulle, learned counsel for the petitioner. HEARD also Ms. Y. Longkumar learned Addl. Senior Government Advocate and Mr. C. T. Jamir, learned Senior Advocate assisted by Mr. Wati Jamir, learned counsel appearing for the respondent Nos. 3 to 7.

(2.) THE petitioner was appointed as Sr. Lecturer on contract basis for a period of 1 (one) year vide an order dated 30.03.1993 which was extended from time to time till her contract service was regularised by an order dated 15.06.2005 pursuant to Memoranda dated 18.02.2004 and 12.05.2004. But regularisation was made effective from 16.01.2004. By an order dated 16.11.2006, the Government decided to grant past contract service benefits to those employees regularised in accordance with the aforesaid Memoranda dated 18.02.2004 and 12.05.2004 in the ratio of 3:1. THE said benefit as denied to the petitioner. THE petitioner alleged that contract services of respondent Nos. 4 and 5 as Lecturers was regularized by an order dated 28.03.2001. THE respondent Nos. 3, 6 and 7, who were on deputation, were absorbed by an order dated 28.03.2001, with retrospective effect from 15.01.2001. By an order dated 20.09.2002, the respondent No. 3, was given officiating promotion to the post of Sr. Lecturer with restrospective effect from 20.01.2001. By another order dated 02.09.2002, the respondent No.2, who was appointed on deputation to the post of Sr. Lecturer, was absorbed with retrospective effect from 08.04.97. THE respondent Nos. 6 and 7 were also given officiating promotions to the post of Senior Lecturer with retrospective effect from 20.01.2001. By and order dated 20.11.2003 similarly, the respondent Nos. 4 and 5 were given officiating promotion by an order dated 20.11.2003 with retrospective effect 14.11.2003. However, the promotion of private respondents to the post of Lecturer was made subject to regularization by the Departmental Promotion Committee (for short 'DPC') and till date, except respondent No. 3, officiating promotion of other respondents, is yet to be regularized. THE officiating promotion of respondent No.3 to the post of Sr. Lecturer stood regularized with retrospective effect from 20.01.2001 issued under notification dated 10.03.2005.

(3.) AS against the aforesaid grievance of the petitioner, the private respondents by filing affidavit-in oppostion, raised the following preliminary objections:-