MESETE-U Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The subject matter of challenge in this writ petition is an order dtd. 8/7/2020 by which the promotion of the petitioners to the rank of Female Health Worker (FHW) Supervisor has been put on hold. The petitioners have also prayed for giving effect to the promotion from the date of their promotion i.e. 9/6/2020 with all consequential benefits.

(2.) Before going to the issue which requires a determination, it would be convenient if the facts of the case are narrated in brief.

(3.) 16 numbers of petitioners have joined together in this petition. The projected case of the petitioners is that they were initially appointed as Female Health Workers and Auxiliary Nurse-Midwife (FHW/ANM) in the year 1988 and have been working continuously. In the year 2003, there was a policy whereby avenues were generated for promotion from the rank of FHW to FHW Grade-I and thereafter to FHW Supervisor. In terms of such policy, vide order dtd. 28/3/2006, the petitioners were promoted to the rank of FHW Grade-I. In the list enclosed to the promotional order, the names of the petitioners appear from Sl. Nos. 88 to 117. After working in the said posts of FHW Grade-I, vide an order dtd. 09/6/2020, the petitioners were further promoted to the next higher post of FHW Supervisor. The order reflects that the said promotion was done with approval of the P&AR Department and the concurrence of the Finance Department. However, vide the impugned order dtd. 8/7/2020, the promotions of the petitioners were put to hold. It was further stated that so far as the proposed upgradation of 20% Supervisors to the post of FHW Special Grade, the approval of the Cabinet was not taken. Consequently, vide Cabinet approval dt. 13/6/2022, the incumbents in the post of Supervisors were promoted to the post of FHW Special Grade. The petitioners were expecting that upon such development, their promotions would be restored and accordingly they had submitted representation on 10/5/2023 wherein it was highlighted that the petitioners were to retire soon and the benefits of promotion were to be given. However no such benefits were given and accordingly the instant writ petition was filed on 1/6/2023.