KOHIMA BENCH TOUVIU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. A. Zho, learned counsel for the petitioner. Also heard Mr. T.B. Jamir, learned Addl.A.G. Nagaland for the State respon -dents and Mr. Wati Jamir, learned counsel appearing for private respondent Nos.4 to 8. I have also considered the entire material on record.

(2.) The matter pertains to fixation of seniority of the petitioners numbering 9 vis -a -vis the private respondents numbering 5. The petitioners are aggrieved by the Annexure -F seniority list (tentative) by which reversing the earlier seniority positions they have been shown as junior to the private respondents. In the writ petition, the petitioners have referred to the earlier seniority lists of 2006, 2008 and 2010 in which they were all along shown senior to the private respondents.

(3.) Coming to the facts of the case, both the petitioners and the private respondents were appointed temporarily as Computor in the prescribed pay scale. While in the appointment orders of the petitioners it was indicated that the appointment was subject to regularization through selection board in due course, but in the appointment orders of the private respondents there was no such condition. However, the fact of the matter is that both the groups i.e. the petitioners and the private respondents were appointed temporarily without any selection. This is the condition in the appointment orders of the petitioners namely, "the appointment is subject to regularization through the selection board in due course" which has given raise to the present proceeding.