PURAKHU ANGAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. B. N. Sarma, learned counsel for the petitioner, Mrs. Y. Longkumer, learned Govt. Advocate for the respondents 1 and 2 and Mr. A. Zhimcomi learned counsel for the respondent NCI. 3.

(2.) The petitioner was originally appointed as Plantation Manager in the Nagaland Plantation Crops Development Corporation (for short NPCDC). Subsequently, the Government decided to absorb the services the petitioner and others working in the NPCDC to various Departments as per the decision of the Cabinet. The Cabinet passed the following resolutions :-

(3.) Following the above Cabinet decision, a post of Assistant Director was created in the Deptt. of Tourism and the petitioner was appointed as Assistant Director of Tourism, Nagaland with the prior approval of the Nagaland Public Service Commission ( for short NPSC) vide letter dated 13.7.94. In accordance with the said Cabinet decision, the petitioner was given the benefit of fixation of seniority according to 3:1 formula ;and accordingly, the petitioner was given one year benefit although according to the said formula he was entitled to get 3 (three) years benefit for the purpose of fixation of his seniority.