SUPONGMAYANG AND ANOTHER Vs. COMMISSIONER AND SECRETARY, GOVERNMENT OF NAGALAND, DEPARTMENT OF INDUSTRIES AND OTHERS

JUDGEMENT

(1.) By this application under article 226 of the Constitution of India, the writ petitioners, two in number, have prayed for quashing of the appointment orders dated 30.6.2011 issued in favour of the respondent Nos. 3 to 12 (Annexure H1 to Annexure H10) and for a direction to the respondent authorities to consider the case of the petitioners for promotion under 25% reserved quota for departmental promotion as provided under the Service Rules.

(2.) The case, as set out in the writ petition is that, the service conditions of the petitioners, who are Upper Division Assistants ('UDA'), in the Department of Industries and Commerce, is governed by the Nagaland Industries Service Rules, 1986 ('the Rules'). The post of UDA comes under the ministerial staff and 75% of the posts of Inspector/Extension Officer is to be filled up by direct recruitment and 25% by departmental promotion by selection from amongst the senior most confirmed staff of the lower grade having knowledge in the line with 8 years experience (minimum) in any trade. It is also stated that 25% of posts meant for promotional quota is to be filled up from the eligible ministerial staff amongst the UDAs and Lower Division Assistants ('LDAs'), as and when 25% promotional vacancy arises. Preference is given to the senior most eligible UDAs and if the UDAs refuse such promotion, preference used to be given to the LDAs. It was a normal practise all along to promote LDAs and UDAs, subject to their having requisite qualifications, to the post of Inspector.

(3.) After the implementation of the Nagaland Retirement from Public Employment (2nd Amendment) Act, 2009 ('the Act of 2009'), vacancies in the rank of Inspector arose and by letter dated 28.2.2011, the Joint Secretary to the Government of Nagaland, intimated the Director of Industries and Commerce for reservation of 25% vacancies of the post of Inspector, numbering two posts for in-service senior most Directorate UDAs. It is also stated in the petition that there are seniors to the petitioners in the rank of UDAs, but the petitioners are entitled to be considered in respect of the aforesaid two posts as their seniors having the requisite qualification had refused promotion to the post of Inspector earlier. While they were expecting that their cases for promotion in the 25% promotional quota would be considered, the respondent No. 2 issued appointment orders dated 30.6.2011 to the private respondent Nos. 3 to 12 in the post of Inspector of Industries on contract basis for a period of 1 year or till the posts are filled up by Nagaland Public Service Commissioner ('NPSC'). Such appointment orders have been issued without calling for any advertisement and also encroaching upon 25% promotional quota.