SHRI P. CHINGMAK CHANG, RESIDENT OF CHINGMEI VILLAGE, UNDER THE DISTRICT OF TUENGSANG, NAGALAND Vs. THE STATE OF NAGALAND AND OTHERS

JUDGEMENT

(1.) Heard Mr. Supu Jamir, learned counsel for the petitioner and Mrs. Lucy, learned Government Advocate, Nagaland appearing for respondents No. 1 to 3. There is no representation for respondents No.4 and 5 in spite of notice being served upon them. Notice on respondent No.6 was sent by registered post with A/D on 15.10.2010 however the return service report is awaited. Since a period of 8 months has elapsed after the notice was sent on 15.10.2010 by registered post with A/D, the service on respondent No.6 is accepted as complete. There is no representation for this private respondent no.6.

(2.) Petitioner is the son of late W.Pongom who was working as driver in the establishment of Deputy Commissioner Tuensang and died in harness on 14.5.2010. After his father's death, the petitioner applied for the post of driver on compassionate ground but without considering his case the respondent-Deputy Commissioner has appointed the respondent No.6 as driver on temporary basis subject to termination without any notice vide order No. 448/2010-11 dated 25.6.2010.

(3.) It is submitted by the learned counsel for the petitioner that the aforesaid appointment was made without conducting any interview/driving test dehors the rule and established procedure which is illegal and liable to be cancelled and set aside.