ANGAU I THOU Vs. STATE OF NAGALAND

JUDGEMENT

(1.) BY this common judgment and order, I propose to dispose of W. P. (C) Nos. 70 (K) of 2004 and 83 (K) of 2003, for both these writ petitions, on the request of the learned counsel for the parties, have been heard together inasmuch as both these writ petitions are based on almost identical facts, involve same questions of law and the same are capable of being disposed of by a common judgment and order.

(2.) THE two petitioners in W. P. (C) No. 83 (K) of 2003, namely, (1) Sri Sachopra Vero and (2) Sri Mikha Lomi and also the petitioner in W. P. (C) No. 70 (K) of 2004, namely, Smti Angau I Thou aforementioned are all members of the Nagaland Civil Service. These three petitioners as well as the private respondents, i. e. , respondent Nos. 3, 4, 5, 6 and 7 in the said two writ petitions appeared in the selection process, which was conducted by the Nagaland Public Service Commission in the year 1981, and, on being selected, they were all appointed as Circle Officers. The post of Circle Officer was earlier recognized as Class-II Gazetted post, but this post was abolished sometime in the year 1986. It is the Nagaland Civil Service (Class-I) Rules, 1967 (in short, "the 1967 Rules"), which govern the service conditions of the petitioners as well as respondents. The 1967 Rules have been framed in exercise of powers under Article 309 of the Constitution of India. Schedule-I to the 1967 Rules, originally, had two categories of posts, the post of Senior Grade, which included the posts of Deputy Commissioner, Additional Deputy Commissioner, Secretary, Joint Secretary and Deputy Secretary to the Government, and the post of Junior Grade, which included the posts of Extra-Assistant Commissioner, Sub-Divisional Officer and Under Secretary to the Government. In course of time, the post of Circle Officer was upgraded to Class-I Gazetted post and re-designated as Extra-Assistant Commissioner, Junior Grade. By a Notification, dated 16. 8. 1990, published by the Government of Nagaland, Department of Personnel and Administrative Reforms (Personnel "a" Branch), the Government made it compulsory for all officers to pass departmental examination in higher standard to be eligible for confirmation in service making it clear that unless the officer concerned passes departmental examination in the higher standard, his confirmation in the service will not be considered and that those officers, who have already been confirmed in Class-I Junior Grade, but have not yet passed the departmental examination in higher standard, shall not be considered for promotion to higher grade nor shall they be entitled to regularization of their officiating promotion unless they pass the departmental examination in the higher standard. The petitioners passed, in April, 1991, the departmental examination in higher standard conducted by the Nagaland Public Service Commission. The averments, made in the writ petition at para 4 (a) to the effect that the petitioners had passed, in the month of April, 1991, the higher standard examination, have not been disputed by the respondents. By an order, dated 21. 3. 1991, published by the Government of Nagaland, Department of Personnel and Administrative Reforms (Personnel "a" Branch), Government of Nagaland, the petitioners as well as the respondent Nos. 5 and 6 were granted officiating promotion to Class-I Junior Grade higher scale.

(3.) BY Notification, dated 18th February, 1993, issued by the Department of Personnel and Administrative Reforms (Personnel "a" Branch), Government of Nagaland, the services of the present three petitioners as well as of the private respondent Nos. 3, 4, 5 and 6 were regularized in the promotional post of Class-I Junior Grade higher scale, though as on 18. 2. 1993, none of the private respondents had passed the higher standard departmental examination aforementioned.