CHONGJI PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEAD Mr. R. Iralu, learned counsel, appearing for the petitioner. Also heard Mr. N.M. Jamir, learned Govt. Advocate, appearing for the State- respondents.

(2.) THE petitioner, being trained in Knitting trade (ITI), was temporality appointed, vide order, No. ED/EL/L/5/2001-2002, dated 19.11.2001, issued by the Joint Director, Directorate of School Education, Nagaland, Kohima, as Knitting Instructor at the Government Middle School,Yongnya, under the establishment of Deputy Inspector of School, Longleng, in the pay scale of Rs. 4000-100-6000/- per month plus other allowances as prescribed by the Government of Nagaland, from time to time against the creation of post, vide No.ETS-9-50/83, dated 01.05.1986 and accordingly she joined the service in the said school. Subse-quently, vide order, NO.EDN/EST-27/2000-2001/166, dated Longleng the 3rd July, 2003, issued by the Deputy Inspector of Schools, Longleng, Govt. of Nagaland, the petitioner was transferred to GMS, Kangching from GMS, Yongyah, vice Smti. H. Tongyung Phom, who was transferred from GMS, Kangching to GMS, Yongyah.

(3.) MR. Iralu, learned counsel, appearing for the petitioner, taking me through the petitioner's appointment letter, the transfer order as well as the lists of genuine appointees, has submitted that, as the petitioner's name has not been shown in the list of absentees as well as in the list of bogus appointees, she is entitled to continue with her service . It is also submitted by the learned counsel, that the petitioner being appointed against a sanc-tioned post followed by transfer order, was deprived from the service benefit for no fault on her part and that absence of her name in the lists of bogus appointees, clearly indicates that there was no irregularity in respect of her appointment. The learned counsel, referring to the letter Nos. GM/REC/03/15/09-2000/, dated 26.04.2001, issued by the Head Teacher, GMS, Kangching, by which the said Head Teacher had recommended the case of the petitioner for consideration by the Higher authority, has submitted that the petitioner is entitled to be included in the list of genuine appointees.