THOSANO OVUNG Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Ashipri Zho, the learned counsel for the petitioner and Mr. L. S. Jamir, the learned State Counsel representing the official respondents.

(2.) THE limited point raised before this Court through this application under Article 226 of the Constitution of India is that though the petitioner was serving as contingency paid peon under the establishment of Science and Technology Cell of the Planning and Co-ordination Department, Nagaland, Kohima since 10. 11. 1986 which was later on allotted as the post of Sweeper vide order dated 12. 2. 1987 continuously without break by extension of the same from time to time; but such extension/renewal of her service was stopped from September, 2001 and in the present petition she has sought for a direction to respondent No. 1 i. e. , Secretary to the Govt. of Nagaland (Science and Technology Department) not to remove her from service in view of her 15 years of continuous service by setting aside the communication dated 11. 11. 2002 by which the respondent No. 1 intimated the respondent No. 2 i. e. , the Senior Scientific Officer, Department of Science and Technology, Nagaland, Kohima that the request for extension of service of the petitioner as Sweeper cannot be accepted.

(3.) MR. Ashipri Zho, the learned counsel for the petitioner has contended that though the petitioner's service was not extended from last September, 2001, she has been allowed to continue in the post of Sweeper as there is necessity and need for the post of Sweeper. She represented to the respondent No. 2 by filing her representation dated 24. 5. 2002 seeking her retention as Office Sweeper by extending her service. Keeping in view the prolonged service rendered by the petitioner in the department, the respondent No. 2 under whom she was working forwarded her representation to the respondent No. 1 by his communication dated 12. 6. 2002 emphasising the need of a Sweeper in the Office. Mr. Zho has drawn the attention of this Court to the said communication dated 12. 6. 2002 which is annexed as Annexure-'c' to this writ petition.