TSUSOLA YIMCHUNGER Vs. STATE OF NAGALAND

JUDGEMENT

(1.) By the judgment and order dated 7.7.2010 as assailed in this writ appeal the appointments of the appellant and another Sri Tsuyiba, the respondent No. 6 in the writ petition have been struck down by the learned Single Judge holding that the services of the petitioners were illegally terminated without providing any notice whatsoever. Appointments of the respondent Nos. 5 and 6, the appellant and said Sri Tsuyiba who did not prefer appeal as yet, have been declared to have been made illegally by the department concerned at the instance of the then minister. It has been held that such a move had been taken by the State being politically motivated. It has been further held that the appointments of the appellant and said Sri Tsuyiba cannot sustain in law. The order dated 05.06.2003, Annexure-C to the writ petition, whereby the services of the writ petitioners were terminated has also been set aside by the learned Single Judge with a direction to the State respondents to take back the writ petitioners in the post earlier held by them within a period of two months from the date of receipt of the order.

(2.) The genesis of the controversy is rooted in the appointments of the writ petitioners against the vacancy caused by 'termination of the earlier incumbents'. The petitioner No.1 was appointed as Medical Attendant by the Office Order No. DHS-3/520/PT-II/90-91/7665-68 dated 09.08.2000, Annexure-A to the writ petition, while the petitioner No.2 was appointed as Medical Attendant by the Office Order No. CS-2/Esstt-14/99-2000/324-30 dated 11.05.2001, Annexure-B to the writ petition, in the same establishment and at the same place. For such appointments, it is the admitted position that there was neither any notification of vacancies to the employment exchange in compliance to the provision of Section 4 of the Employment Exchange (Compulsory Notification of Vacancies) Act, 1959, nor any public notice. The writ petitioners alleged that at the instance of the Hon'ble Minister, in-charge of Mechanical Engineering, Art and Culture, the Government of Nagaland the writ petitioners were terminated by the order No. CS-2/Estt-14/2001-03/200-03 dated 05.06.2003, Annexure-C to the writ petition. Immediately thereafter the present appellant and Sri Tsuyiba were appointed against the said vacancies by the order No. CS-2/Esstt.14/2001- 03/206-13 dated 05.06.2003. The writ petitioners alleged interference by the said Minister. For purpose of appreciating the nature, the mode of termination and the context, the order dated 05.06.1993 is excerpted hereunder: <FRM>JUDGEMENT_565_GAULT2_2013.htm</FRM>

(3.) The writ petition was disposed of within a very short spell. Even though respondents received notice some time in last part of June, 2010 but the entire writ petition was heard on 07.07.2010. Neither the State respon-dents nor the present appellant or Sri Tsuyiba had any chance to file the affidavit-in-opposition. By the order dated 20.10.2011, this Court granted leave to the appellant and to the State respondents to file the affidavit-in-opposition. Accordingly, the State respon-dents and the appellant filed the affidavits-in-opposition. The State respondents by filing the affidavit-in- opposition contended that the Chief Medical Officer, Tuensang by the letter dated 07.12.2010 forwarded a letter addressed to the Principal Director, Health and Family Welfare by the Sotokur Village Council as regards the termination of the appellant from the post of Medical Attendant along with one Sri Tsuyiba who were so appointed for the land donation. The village council has categorically stated that the appellant and one Sri Tsuyiba are the genuine and the rightful land owners where the Sotokur Sub Centre is located. The said letter has been written on the basis of the resolution of the village council as available at Annexure-2 to the affidavit-in-opposition filed by the State respondents. Along with the said affidavit-in-opposition the letter dated 21.11.2011 and one agreement dated 25.07.2011 have been produced wherefrom it transpires that: