ER. K WATI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Tongpok Pongener, learned counsel for the petitioners and Ms. V. Suokhrie, learned Additional AG for the State respondents and also heard Mr. A. Zho, learned counsel for the respondent nos. 5 to 16.

(2.) By filing this writ petition the petitioners have challenged the constitutional validity of that part of the Nagaland Employment and Craftsmen Training Service and Nagaland Subordinate Employment and Craftsmen Training Service Rules, 1998 (herein after referred to as Service Rules, 1998) particularly Schedule-I(A), Schedule-I(B) and Schedule -II (A) Serial No. 1 wherein it prescribes one post of Joint Director and 3 (three) posts of Deputy Director in respect of Employment Wing, at I(B) it prescribes no post of Joint Director but only one post of Deputy Director in respect of Craftsmen Training Wing and at Schedule II (A) serial No.1 prescribes for promotion to the post of Director, the post shall be filled up by selection from among confirmed officers under Rule 3 (A) (1) (a) i.e., the Joint Director of Employment Wing on the ground that it contravenes Article 13 (2), 14, 16(1) and 21 of the Constitution of India and is arbitrary and discriminatory which prefers Employment Wing over the Craftsmen Training Wing in the distribution of posts of Deputy Director and Joint Director. The petitioners prays for quashing of Schedule II (A) Sl. No. 1 and for a direction to amend the Schedule I (A) and Schedule I (B) and Schedule II (A) Sl. No. 1 by incorporating the provisions for giving equal opportunity of promotion to the post of Director from the Joint Directors of both the Employment Wing and Craftsmen Training Wing and also for amending the Service Rules, 1998 by incorporating the appropriate provisions governing the post of Additional Director including the provisions for promotion to the said post providing equal avenues of promotion to both the wings.

(3.) The brief facts of the case of the petitioners is that they are all officers in the Craftsmen Training Wing of the Directorate of Employment, Skill Development and Entrepreneurship, Nagaland (in short Directorate). The Directorate is composed of two co-equal wings namely- Employment Wing and Craftsmen Training Wing. The two wings were amalgamated by an order dtd. 20/9/1986. The Craftsmen Training Wing, which was called 'Industrial Training Institute' (in short ITI) was initially under the Directorate of School Education and was transferred to the Department of Labour and Employment and subsequently, by the order dtd. 20/9/1986 brought under the Directorate of Employment Exchange and the Directorate of Employment Exchange was re-designated as the 'Directorate of Employment and Craftsmen Training'. At the time of the amalgamation, the Directorate of Employment Exchange was governed by the Nagaland Employment Service Rules, 1984 and up till then, the highest ranked post available to the service was 1 (one) sanctioned post of Deputy Director (Class-I) Gazetted and although provisions were made in the said rules for higher posts of Joint Director and Director, there being no sanctioned posts for the same, the post of Director was held ex-officio by Officers of the Nagaland Civil Services.