N.MONGYUNG PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This intra-court appeal is preferred taking exception to a Judgment and Order dtd. 25/7/2024 passed by a learned Single Judge in a writ petition, WP[C] no. 282 of 2022 which the writ appellant had preferred as the writ petitioner. In the writ petition, assail was made to a part of an Order bearing no. HTE/HE/TRANSFER/13-8/2022/941 dt. 9/11/2022 whereby the writ appellant-writ petitioner had been transferred to Sao Chang College, Tuensang and the respondent no. 4 was retained at Dimapur Government College. By the Judgment and Order dt. 25/7/2024, the writ petition came to be dismissed.

(2.) Both the writ appellant-writ petitioner ['the appellant', for short] and the respondent no. 4, who was also impleaded as party-respondent no. 4 in the writ petition ['the respondent no. 4, for short] are serving as Assistant Professors in English in Government Colleges under the Higher and Technical Education Department, Government of Nagaland. The appellant came to be appointed as a Lecturer in English vide a Notification dtd. 6/8/2009 issued by the Department of Higher and Technical Education, Government of Nagaland, after her name was recommended by the Nagaland Public Service Commission. As per the Notification dtd. 6/8/2009, the initial posting of the petitioner was at Wangkhao Government College, Mon. On being so appointed, the petitioner joined as a Lecturer [later on, re-designated as Assistant Professor] in English at Wangkhao Government College at Mon. The appellant and the respondent no. 4 are members of the Nagaland Higher Education Service and their conditions of service are regulated by the Nagaland Higher Education Service Rules.

(3.) The Higher and Technical Education Department, Government of Nagaland issued an Order bearing no. HTE/HE/TRANSFER/13-8/2022 on 10/10/2022 whereby it effected transfer / posting of twenty-eight nos. of Associate Professors / Assistant Professors serving in different Colleges under the Higher Education Department, Government of Nagaland. By the Order dt. 10/10/2022, the appellant was transferred from Wangkhao Government College at Mon to Dimapur Government College. By the Order dtd. 10/10/2022, the respondent no. 4 who is also an Assistant Professor in English, was transferred from Dimapur Government College to Wangkhao Government College, Mon. The Associate Professors / Assistant Professors whose names figured in the Order dtd. 10/10/2022 were informed that handing over / taking over should be completed within ten days from the date of issuance of the Order.