TOUZHU-U Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioner No. 1 was appointed as contingency paid Mali in the Nagaland Civil Secretariat for a period of three months with effect from 01-09-1992 by an order dated 25-08-1992. The petitioner No. 2 was also appointed as contingency paid Mali in the Nagaland Civil Secretariat for a period of three months with effect from 01-09-1992 by an order dated 27-08-1992. After their appointment, both the service of the petitioners as contingency paid Mali has been extended from time to time. In the meantime, two posts of regular Mali arose in the Nagaland Civil Secretariat and accordingly, the petitioners have submitted representation for consideration of their case for regularization against the said two regular posts of Mali. While the petitioners were expecting regularization against the said two posts of Mali, they were surprised to come across the order dated 30-01-2015 by which the private respondent Nos. 4 and 5 were appointed. Being aggrieved by such appointment of the private respondent Nos. 4 and 5, the present writ petition has been filed by the petitioners praying for consideration of their case for regularization of their service against the said two vacant posts of Mali and for quashing and setting aside the impugned order dated 30-01-2015.

(2.) Heard Mr. Kekhriengulie, learned counsel for the petitioners. Also heard Mr. N. Angami, learned Government Advocate appearing for the State respondents. None appears for the private respondent Nos. 4 and 5. On 13-03-2015, this Court has deemed the service of notice on respondent Nos. 4 and 5 to be complete. However, till date, there is no representation on their behalf and accordingly, this writ petition is taken up ex-parte against them.

(3.) Mr. Kekhriengulie, learned counsel for the petitioners submits that after the petitioners were appointed by an order dated 25-08-1992 and 27-08-1992 respectively, they have been in continuous service as contingency paid Mali. While they were serving in the said posts, a selection Committee has been constituted for selection of casual employees appointed without post in the Civil Secretariat for various categories of posts in which the post of Mali was also included. The Committee after assessing the requirement of the posts of various categories had made recommendation for appointment of certain number of employees on casual basis (fixed) out of the employees found in excess of the sanctioned posts. In the chart formulated by the Committee, the Malis appear at Serial No. 7 and the numbers of casual employees to be selected out of the existing employees is indicated to be 12 numbers. The Committee had further recommended that the employees of all categories be appointed against the vacancies of regular posts arising in future. On the basis of such recommendation being made by the selection Committee, the State respondents has issued the order dated 16- 11-2001 wherein 12 Malis were appointed on fixed pay in the Nagaland Civil Secretariat, Kohima with effect from 15-10-2001 for a period up to 31-03-2002. He submits that the names of the petitioners appear at Serial No. 5 and 6 therein and the service of the petitioners has been extended from time to time till date. He submits that on the basis of the order dated 16-11-2001, the State respondents has been strictly maintaining the seniority as shown therein and the persons at Serial Nos. 1 and 2 have been regularized to subsequent regular vacancy by the State respondents. He further submits that the person at Serial No. 3 in the order dated 16-11-20001 was not considered by the State respondents and instead another person was appointed to a subsequent regular post of Mali and therefore the concerned person at Serial No. 3 had approached this Court by way of W.P (C) No. 224 (K) of 2011. On the basis of the judgment and order dated 18-04-2012 passed in the aforesaid case, the person at Serial No. 3, namely, Smti Neihenuo was also regularized. He submits that presently, the petitioners appearing in Serial No. 4 and 5 of the order dated 16-11-2001 are the senior most contingency paid Mali inasmuch as, the person at Serial No. 4 has left and is no more serving as contingency paid Mali.