MOANUNGDEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. Justin Magh, learned counsel appearing for the petitioner as well as Ms. Vilika Chishi, learned Government Advocate for the State respondents, Mr. R. Iralu, learned senior counsel assisted by Ms. Alemla, learned counsel for private respondent no.5, Ms. Esther, learned counsel for respondent No.4 (NPSC) and Mr. Renpemo, learned counsel for proforma respondent Nos. 1 and 2.

(2.) MR . Justin, learned counsel for the petitioner submits that the petitioner was appointed temporarily on contract basis to the post of Foreman against existing vacancy in the Nagaland Civil Secretariat, Transport Pool Kohima by an order dated 25/3/2003. The said appointment was subject to regularization by the Nagaland Public Service Commission (in short, NPSC). Thereafter, his service was extended from time to time and was subsequently regularized as Foreman w.e.f.12/5/2009 by notification dated 11/6/2009. The said regularization was done on the basis of recommendation made by the committee constituted for conducting suitability test in respect of the petitioner. While the petitioner was functioning as such, one post of Assistant Mechanical Engineer became vacant due to the retirement of one Shri I. Nihokhe and therefore, the petitioner made an application on 17/11/2009 requesting for promotion to the said post.

(3.) MR . Justin Magh, learned counsel for the petitioner submits that the department has framed draft rules in the year 2013. However, the same is yet to be approved and finalized. He submits that as per the draft rules, the post of Assistant Mechanical Engineer shall be filled up by promotion from amongst the Foreman/JTA provided that they have completed probation/qualifying service of 3 years in that grade on the first day of that year on merit cum seniority basis and provided the Foreman/JTA has the requisite qualification. Being aggrieved by non consideration of the case of the petitioner for promotion to the post of Assistant Mechanical Engineer and also due to the appointment of private respondent No.5 on contract basis to the post of Assistant Mechanical Engineer and the subsequent notification issued thereafter extending the contract service of the private respondent No.5, the petitioner had filed the present writ petition for a direction to the respondents to consider his case for promotion to the post of Assistant Mechanical Engineer and to set aside the contract appointment of the private respondent No.5.