N SANCHIO LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) IN this writ petition, the petitioner's case is, in brief, that though he is a senior officer in the cadre of Assistant Engineer/ SDO, PWD, whose service was regularized by the DPC along with others similarly situated vide order No. WH/est/92 (Pt)B dated 19. 2. 2002 w. e. f 17. 4. 1989, without considering his case for promotion to the next higher post of Executive Engineer, respondents 3 to 9, who were appointed to the post of Assistant Engineers subsequent to him, have been given officiating promotion to the next higher post of Executive Engineers by the respondents 1 and 2 in an arbitrary and illegal manner in violation of the provisions of Articles 14 and 16 of the Constitution of India. The petitioner prays for setting aside Notification No. WH/est/18/78 (Pt) dated 15. 5. 2002 by which the respondents 3, 4, 5 and 6 were given the said officiating promotion and Notification No. WH/est/18/78 (Pt) dated 28. 5. 2003 by which respondents 7, 8 and 9 were given the said officiating promotion, as illegal and arbitrary. The petitioner further prays for passing an appropriate order in the facts and circumstances of the case.

(2.) I have heard Mr. E. Y. Rengthungo, the leaned Advocate appearing on behalf of the petitioner and Mrs. Y. Longkumer, learned Government Advocate appearing on behalf of the respondents 1 and 2. Despite due notices through registered post, none has appeared on behalf of the remaining respondents without showing any cause.

(3.) THERE is no dispute in respect of the following facts: the petitioner is a Diploma holder in Civil Engineering and he was initially appointed as S. O. Grade-I for a period of 6 months, vide order No. PW (E-1)9/77, dated 20. 10. 1978 (Annexure-1 ). His service was extended from time to time (Annexures-2 and 3 ). Thereafter, having been selected at Serial No. 1 in the merit list by the Nagaland Public Service Commission (NPSC), he was appointed to the post of Overseer Grade I (Civil) vide Notification No. E (II)/g-46/81 dated 8. 4. 1981 (Annexure-4 ). After having served as Overseer Grade I on regular basis for three and half years, he was granted study leave by the Competent Authority and he obtained Degree in Civil Engineering in 1988 (Annexures-5 and 6 ). After 9 years of his service as Overseer Grade I, he was given officiating promotion to the post of Assistant Engineer (PWD) vide order No. WH/est/88/78 (Pt) dated 17. 4. 1989 (Annexure-7), his service as Assistant Engineer/sdo was regularized vide order No. WH/est/92 (Pt)/b dated 19. 2. 2002 w. e. f. 17. 4. 1989 (Annexure-8 ). As per the said regularization order, his seniority will be determined from the date of his regularization in the cadre.