KENYUNILE T. LORIN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This Order will dispose of the 2 (two) writ petitions. Both the writ petitions are filed by the same petitioner and since the outcome of WP(C) No. 152/2020 will govern WP(C) No. 49/2021, WP(C) No. 152/2020 is taken up for consideration first.

(2.) The case of the petitioner is that the District Industries Centre Scheme (Scheme) was launched by the Central Government in the year 1987 with instructions to all the States in the Country to implement the said scheme. In terms of the Letter dtd. 16/11/1984 of the Director, Office of the Development Commissioner, Small Scale Industries, Ministry of Industry, the staffing pattern for each District Industries Centre (DIC) was provided as 1 (one) General Manager, 4 (four) Functional Managers and 3 (three) Project Managers. In terms of the Scheme, DIC's were established in the State and the posts of General Managers and Functional Managers were created for the DICs. However, only one post of Project Manager (Chemical Engineering) Class-I Gazetted was created vide Letter dtd. 7/10/1985 and against it, one person was appointed on deputation vide Notification dtd. 5/11/1985 (Annexure-4). The said person was subsequently absorbed vide Notification dtd. 8/3/1988 (Annexure-5) and consequently, promoted to the post of Director vide Notification dtd. 30/4/2015 (Annexure-6). It is the case of the petitioner that this person was treated as a cadre member of the Department and was included in the seniority lists that was issued from time to time.

(3.) The petitioner who is a graduate in Chemical Engineering, on the basis of a selection process was appointed as Project Manager Class-I (Gazetted) under the Industries and Commerce Department vide Notification dtd. 24/9/2002 in the scale of pay of Rs.8500.0014200/- per month with all other allowances as admissible under the Rules. She was appointed to the post which was under the direct recruitment quota through the Nagaland Public Service Commission (NPSC). The appointment was on adhoc basis for 3 (three) months and subject to extension till it was filled up through the NPSC. Subsequently, the adhoc services of the petitioner was regularized vide Notification dtd. 22/7/2008 (Annexure-8) w.e.f. 9/7/2008.