H M RAWTHER Vs. STATE OF NAGALAND

JUDGEMENT

(1.) BOTH the writ petitions are by and between the same parties making claim and counter claim in respect of determination of seniority amongst them and thus were heard analogously and are being disposed of by this common judgment and order. The issue involved is as to whether the petitioner in WP (C) No. 16 (K)/2003 is entitled to count his seniority from the date of absorption in the borrowing department to which he was sent on deputation or he is entitled to count his earlier period of service in the lending department, followed by deputation service in the borrowing department.

(2.) THE petitioner in the first writ petition, i. e. , WP (C) No. 16 (K)/2003, while was working as Upper Division Assistant (UDA) in the office of the Deputy Commissioner, Tuensang District, under the Government of Nagaland was confirmed in his service by an order No. 50/77 issued on 2. 5. 77. Prior to that, he was appointed as Lower Division Assistant (LDA) in February, 1967. He was promoted to the post of UDA in 1974. The petitioner continued in his service in the capacity of UDA till he was appointed as Stenographer Grade-II by an order dated 1. 5. 78 on officiating basis. When one post of Stenographer Grade-II was upgraded to Grade-I the petitioner was appointed to the said post on adhoc basis by an order dated 4. 6. 84. While was serving as such the petitioner was appointed on deputation as Stenographer Grade-I and was posted to Nagaland Civil Secretariate, Kohima by an order dated 11. 2. 87 initially for a period of one year with effect from 29. 11. 86. According to the petitioner he was appointed on deputation to an equivalent post of Stenographer Grade-I. Prior to his such appointment on deputation, he had rendered more than two years of continuous service in the grade of Stenographer Grade-I under the establishment of Deputy Commissioner, Tuensang.

(3.) WHILE the petitioner was serving as Stenographer Grade-I on adhoc basis in the former establishment, i. e. , the Deputy Commissioner, Tuensang, he appeared in a speed test conducted by the Nagaland Public Service Commission on 28. 11. 86 for departmental promotion to the post of Stenographer Grade-I and he was selected vide notification dated 15. 12. 86 and the petitioner was placed at serial No. 3. Pursuant to his such selection, the petitioner was promoted on regular basis to the post of Stenographer Grade-I by an order dated 15. 12. 86. Accordingly, necessary entries were made in his service book regularizing his service as Stenographer Grade-I with effect from 15. 12. 86.