ANUNGLA PONGENER Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The petitioners in the present writ petition are Assistant Headmasters (AHM), Junior Grade II in the School Education Department, Nagaland, the respondent Nos. 3 to 37 are also serving as AHM in the same Grade, in the same department.

(2.) It is the case of the petitioners that a Departmental Promotion Committee (DPC) was constituted by the Nagaland Public Service Commission (NPSC) on 15/5/2024. The DPC was held for consideration of regularization of the officiating promotion of both the respondents, as well as the private respondents and the DPC had recommended to regularize the services of the officiating officers in the Grade of AHM in order of preference in terms of Rule 25 of the Nagaland School Education Service Rules 2017 (herein after referred to as the Rules of 2017).

(3.) It is also the case of the petitioner that based on the recommendation of the DPC, the regularization Order dtd. 7/6/2024 was issued by the Commissioner and Secretary to the Government of Nagaland, Department of School Education Nagaland. In the said notification, the effective dates of regular promotion of the petitioners in the grade of AHM are prior in point of time to that of the private respondents. All the petitioners have been regularized to the post of AHM, Junior Grade on the same date i.e. 19/1/2023, whereas the private respondents have been regularized in the post of AHM Junior Grade on different dates and months, much later then the petitioners.