ER I RONGBA CHANG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Since W.P.(C) 75(K) 2000 and W.P.(C) 115(K) 2000 involves similar facts and similar questions of law, both the writ petitions are taken for analogous hearing.

(2.) I have heard learned counsel Mr Tali Ao and Mr C.T. Jamir for the petitioners in both the writ petitions and Mr I. Jamir, learned Addl. Advocate General, appearing for the State respondents in both the writ petitions, and both the writ petitions are being disposed by the following common judgment and order.

(3.) The petitioner Nos. 1, 2 and 3 in W.P.(C) 75(K) 2000 were appointed as Overseer Grade-I, non-gazetted posts, in the Government of Nagaland Engineering Service. The petitioner Nos. 1 to 6, 8 and 9 in WP.(C) 115(K) 2000 were appointed as Overseer Grade-II, non-gazetted posts, and the petitioner Nos. 10,11 and 12 were appointed as Sub-Divisional Officers, Class-II gazetted posts, through Nagaland Public Service Commission, and petitioner No. 13 was initially appointed as Overseer Grade-II, non-gazetted post. Petitioner No. 1 in W.P.(C) 75(K) 2000 is presently posted as Junior Engineer, PHED, Peren Division, petitioners in W.P.(C) 75(K) 2000 have been presently posted as Jr. Engineers Medzhiphema Sub-Division, Public Health Engineering Department. Petitioner No. 1 was promoted to the post of Junior Engineer by notification dated 25.5.1998. Petitioners No. 2 and 3 were promoted to the post of Junior Engineer by notification dated 18.7.1997. It is stated that the post of Junior Engineer is a separate higher cadre than the Sectional Officers/Overseer Grade-I. The petitioners No. 1 and 2 in W.P.(C) 115(K) 2000 have been presently posted as Sub-Divisional Officer, PHED, Wokha division, and petitioner No. 3 of the said writ petition is presently posted as Sub-Divisional Officer, PHED, Niuland Sub-Division. Petitioner No. 4 of the said writ petition is presently posted as Sub-Divisional Officer at Tobu and Aboi division. Petitioner No. 5 was also promoted to the post of Sub- Divisional Officer and posted at Aboi Sub- Division. Petitioner No, 6 is presently posted as Sub-Divisional Officer PHED Wokha division. Petitioner No, 7 is presently posted as Sub-Divisional Officer, PHED Peren division. Petitioner No. 8 is presently posted as Sub-Divisional Officer, PHED, Dimapur division. Petitioner No. 9 is presently posted as Executive Engineer at Kiphire, District Tuensang. Petitioner No. 10 is presently posted as Executive Engineer, PHED in Chief Engineer's Office, Kohima. Petitioner No. 11 is presently posted as Executive Engineer, PHED Mon Division. Petitioner No. 12 is presently posted as Executive Engineer in Chief Engineer's Office, Kohima, and Petitioner No. 13 is presently posted as Executive Engineer, PHED, Peren Division.