TEPUCHOLE Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. T. Khezhie, learned counsel for the petitioners and Mr. K. Angami, learned Government Advocate for the State respondents No. 1, 2 & 3. Also heard Mr. N. Mozhui, learned counsel for the private respondents No. 4 & 5.

(2.) That both the petitioners were appointed as contingency paid sweepers in the Nagaland Civil Secretariat on a monthly wage of Rs.450.00 (fixed). The petitioner No. 1 was appointed by the Order No. SAB-5/161/64(pt), dtd. 15/5/1992, while the petitioner No.2 was appointed by the order No. SAB-5/427/91(II), dtd. 24/9/1992. The service of the petitioners has been extended from time to time and the latest extension was effected by the order dtd. 18/6/2019 for a period of 1(one) year w.e.f. 1/4/2019 to 31/3/2020.

(3.) That subsequent to the appointment of the petitioners, the Home Department, Secretariat Administrative Branch vide Notification dtd. 13/7/2001 constituted a Selection Committee for selection of causal employees appointed without post in the Nagaland Civil Secretariat against each categories of the employees as recommended by the High Powered Committee. The Committee in the report dtd. 10/10/2001 had selected and recommended the numbers of employees against each category of post on the basis of seniority-cum-merit from amongst the employees appointed without post. In the select list in the category of sweeper (casual), the Committee has selected 84 sweepers in which the petitioners has been placed at Sl. No. 38 and 43 of the list. The Committee in the report dtd. 10/10/2001 in order to safeguard the future of the selected employees has also made the following recommendation which is extracted as follows;