ZASEVEYI VENYO Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) BY this common judgment and order, I propose to dispose of two writ petitions filed under Article 226 of the Constitution and registered as Civil Rule Nos. 37 (K) and 64 (K) of 1993. It may be stated that the Civil Rule No. 37 (K)/93 was filed the Petitioner praying for regularization of his service as a judicial Magistrate, 2nd Class and by order dated 18.5.93, this Court directed that one post of Judicial Magistrate, 2nd Class shall be kept vacant. During the pendency of the above petition, the service of the writ Petitioner as Judicial Magistrate was terminated by order dated 7.7.93 and accordingly the second petition which was registered as Civil Rule No. 64 (K)/93 was moved. The termination order is available at Annexure -II to this writ petition. When this petition came up before this Court on 21.7.93, it was agreed at the Bar that both the petitions may be finally disposed of as in the earlier Civil Rule No. 37 (K)/93 counter affidavits have already been filed on behalf of the Respondent Government. I may add here that by order dated 18.5.93 passed in Civil Rule No. 37 (K)/93, this Court allowed the Nagaland Public Service Commission to be added as a party, but cause title has not been corrected by the office.

(2.) THE writ Petitioner was appointed as Judicial Magistrate, 2nd Class on contract basis for 2 years vide order dated 17.7.90 (Annexure II to the writ petition registered as C.R. No. 37(K) of 1993). Thereafter, by order dated 14.7.92 (Annexure III to the writ petition registered as C.R. No. 37(K) of 1993) the service of the writ Petitioner was extended for another period of 6 months, but a new condition was imposed "or till the recruitment of an officer or regular basis through Nagaland Public Service Commission whichever is earlier". By order dated 2 -12 -92 the service of the writ Petitioner was again extended for a period of one year or till the post is filled up by regular appointment through Public Service Commission whichever is earlier vide Annexure -IV.

(3.) THE Petitioner made a representation to the State Government on 5 -11 -1992 for regularisation of his service vide Annexure -X wherein, it was stated specifically that he could not sit in the examination conducted by the Public Service Commission due to his illness and a medical certificate was also enclosed. The result of the representation was not communicated to the writ Petitioner.