PUSHU KHIAMMUNGAN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This petition is for regularisation of service of the writ petitioners who are working as Stenographer Gr-III. The petitioners were appointed initially on contract basis for a fixed period and they have been allowed to continue in service by orders of extension passed from time to time, the appointment letters annexed with the writ petition clearly show that their appointments were against regular vacancies in the scale of Rs.620 -1040/- p.m. plus Inner line Compensatory Allowance etc. The orders of extension annexed with the writ petition show that in some cases there was break in service for a day or so. But from the date of their initial appointment, all the writ petitioners appeared to have completed more than 5 (five) years of service.

(2.) A question would naturally arise whether the break in service occasioned by the respondent authority with an intention to defeat their legitimate claim for regularisation on completion of 5 years service as per Government policy will operate as a bar.

(3.) Mr. Taka Masa, learned counsel for the petitioners in order to overcome this initial clog relied upon a decision of this Court in Raby Roy, petitioner-Vs- Commissioner, Custom & Central Excise, Shillong & Anr., respondents, 1999 (2) GLT 484. Relying upon the decision of the Apex Court in Rabinarayan Mohapatra, Appellant Vs. State of Orissa and Others, Respondents reported in AIR 1991 SC 1286, Karnataka State Private College Stop-Gap Lecturers Association, Petitioners Vs. State of Karnataka & Others, Respondents reported in AIR 1992 SC 677 and Banaras Hindu University, Varanasiand Another, Appellants Vs. Dr. Indra Pratap Singh, respondent reported in AIR 1992 SC 780, the learned Single Judge of this Court held as follows :-