W. ATO KONYAK Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The present writ petition has been filed by Mr. W. Ato Konyak who is the Ex-Cadre Dobashi in the Office of the S.D.O. (C), Kuhuboto, Dimapur and Thangtinbao Singson, Ex-Cadre Dobashi A.D.C., Medziphema, Dimapur.

(2.) The matter relates to the regularization of respondent Nos. 3 and 4 Mr. Thangminlun Limsong, Dobashi Grade-II and Mr. Vanthungo Kikon, Dobashi Grade-II both under the establishment of A.D.C. Medziphema, Dimapur. Regularization of temporary Dobashis, LDAs and Drivers were exercised in the year 2019 after much litigation as the Government sought to advertise the post in that categories without reservation for the employees who were placed on temporary service. The fact of the matter is that these categories of employees were used in different newly established headquarter for emergency services. However, after having put several years of service, the posts they were holding were sought to be advertised.

(3.) Aggrieved by the decision of the State Government, these categories of employees who were serving in these posts filed a writ petition nomenclatured as W.P. (C) 184 (K) of 2016 Mr. Vanthungo Kikon and 54 Others vs. State of Nagaland and 3 Others challenging the decision of the Government which is the O.M. dtd. 3/11/2015 and letter dtd. 28/4/2004 and also the letter NO. AR-3/Gen-212/2010 dtd. 10/6/2010. For the sake of understanding, the above letters and O.M. are reproduced herein below:- ' GOVERNMENT of NAGALAND OFFICE of THE COMMISSIONER, NAGALAND NO. CNE-A/2/2004 Dated, Kohima the 28/4/2010 To, The Chief Secretary, Nagaland, Kohima Sub:- Holding of recruitment test/interview for various posts in all the District Administration Sir, With reference to the P & AR Department's OM No. AR-3/GEN-174/2007 (Pt) dtd. 12/3/2010 and 27/4/2010 in connection with holding of recruitment test/interview for various post in all Departments, I am directed to request for exemption of the District Administration from the directives contained in the said OM and to allow District Level Recruitment Boards to be set up under the Chairmanship of the respective Deputy Commissioners.