LAWS(GAU)-2022-6-30

IMTIRENLA JAMIR Vs. STATE OF NAGALAND

Decided On June 13, 2022
Imtirenla Jamir Appellant
V/S
STATE OF NAGALAND Respondents

JUDGEMENT

(1.) Both these two review petitions have arisen out of a common judgment and order dtd. 24/2/2021 passed in two writ appeals, Writ Appeal no. 94/2020 and Writ Appeal no. 95/2020. While the Review Petition no. 49/2021 is preferred against the writ appeal, Writ Appeal no. 94/2020, the Review Petition no. 50/2021 is preferred against the other writ appeal, Writ Appeal no. 95/2020. By the common judgment and order dtd. 24/2/2021, both the writ appeals preferred by the review petitioner as the writ appellant, were dismissed. It may be mentioned that the writ appeal, Writ Appeal no. 94/2020 was preferred in connection with a writ petition, W.P.[C] no. 92/2020 whereas the other writ appeal, Writ Appeal no. 95/2020 was preferred against a writ petition, W.P.[C] no. 78/2020. Both the writ petitions -W.P.[C] no. 78/2020 and W.P.[C] no. 92/2020 - were preferred by the present review petitioner as the writ petitioner. The learned Single Bench by a common judgment and order dtd. 25/8/2020 finding no merits in the two writ petitions, dismissed the same.

(2.) For the purpose of recapitulation of the previous events, it may be stated that the writ petition, W.P.[C] no. 78/2020 was preferred challenging an order dtd. 26/6/2020 passed by the respondent no. 2 therein i.e. the Commissioner and Secretary to the Government of Nagaland, Department of Personnel and Administrative Reforms and the State Civil List of 2017 in respect of the review petitioner's/writ appellant's/writ petitioner's date of entry into service and also for a direction to the State respondents to rectify her date of entry into Government service as 28/4/1994 instead of 22/8/1985. The second writ petition, W.P.[C] no. 92/2020 was preferred seeking setting aside of an order dtd. 30/6/2020 passed by the Chief Secretary to the Government of Nagaland whereby the review petitioner/writ appellant/writ petitioner was released from Government service w.e.f. 31/8/2020 on the ground that review petitioner/writ appellant/writ petitioner would superannuate on that date [31/8/2020] on completion of 35 years of service and also for a direction to rectify her date of entry into Government service as 28/4/1994 instead of 22/8/1985.

(3.) The factual background which, according to the review petitioner/writ appellant/writ petitioner [hereinafter referred to as 'the review petitioner', for easy reference], led the review petitioner to institute the two writ petitions can be recapped from the narration of the common judgment and order dtd. 24/2/2021 and the same can be exposited, in brief, as follows :-