TAKUWANGSHI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Sentiyanger, learned counsel for the petitioner. Also heard Ms. V. Suokhrie, learned State counsel for the State respondents and Mr. Joshua Sheqi, learned counsel for the respondent No. 4.

(2.) The facts of the case in brief is that the petitioner was appointed to the post of Handyman under the establishment of the Director of Food and Civil Supplies, Govt. of Nagaland, Dimapur against the existing vacancy due to the demise of one Mr. Vitoshe Sumi in the Pay Band PB-IS-4400-17200/- and Grade Pay of Rs.1400.00 per month with other allowances as admissible with effect from the date of joining to the post vide order dtd. 18/12/2017 (Annexure-1). The appointment was on temporary basis and liable to be terminated after giving 1 month's notice or 1 month pay without assigning any reason. The appointment order further stated that the same was with the Administrative approval of the Government vide No. SPLY-4/34/2017/80 dtd. 14/12/2017. The petitioner accordingly joined in the said post by submitting a joining report on 21/12/2017. However, vide order dtd. 7/1/2019 (Annexure-3), he was terminated with immediate effect along with one Sh. Lanutoshi Pongener, Driver. The termination order further indicated that the same was as per the directive of the Government vide No. SPLY-4/31/2017/504 dtd. 19/12/2018.

(3.) Against the vacancy caused by the termination of the petitioner, the respondent No. 4 was appointed in his place vide order dtd. 7/1/2019 (Annexure-4). The appointment order of the respondent No. 4 also indicated that the appointment was made as per the Administrative approval of the Government vide No. SPLY-4/31/2017/504 dt. 19/12/2018. Aggrieved with his termination, the petitioner through his counsel served a legal notice to the respondent No. 3 on 20/7/2020 (Annexure 5). In reply to the said notice, the Additional Director, Food& Civil Supplies Deparment, Govt. of Nagaland vide letter dtd. 18/8/2020 (Annexure - 6) informed the petitioner that his termination was with the approval of the Government as indicated in the order of termination. Still aggrieved, the petitioner is before this Court through this instant writ petition.