VIZAPOLE KHANYO Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) The challenge in this writ petition are Annexure -L and M notifications, both dated 08.08.2011. By the first notification, the petitioner was appointed as Stenographer Grade -III with the condition that she would require to face the speed test examination to be conducted by the Nagaland Public Service Commission within two years. Coming to the facts of the case, the petitioner was initially appointed as Stenographer -cum -Computer Assistant in the office of the Nagaland State Legal Services Authority on fixed pay basis in the year 2004. The petitioner is a diploma holder in Computer Application. On the other hand, the respondent No. 5 was appointed as Typist in the year 2002.

(2.) Nagaland State Legal -Services Authority was constituted in the year 1999. The Department of Justice and Law made proposal for creation of various posts for appointment to the said authority. Accordingly, one post each in the grade of Stenographer Grade -III, UDA cum Accountant, Computer Assistant, Office Peon and Dak Runner were approved by the Cabinet Simultaneously, the post of Typist was re -designated as Computer Assistant in the proposal. Such a course of action was adopted as the post of Typist was abolished by the Government.

(3.) In view of the aforesaid proposal made, it was the expectation of the petitioner that she would be appointed against the post of Computer Assistant. However, she was appointed as Stenographer Grade -III and also with the stipulation of facing the Speed Test to be conducted by the NPSC. On the other hand, the respondent No. 5 was appointed as Computer Assistant.