TAKIUDDIN AHMED Vs. STATE OF NAGALAND

JUDGEMENT

(1.) 1. In this writ petition, the petitioner has assailed the promotion of respondents No. 4 to 9 as Assstt. Engineer, Mechanical on officiating basis.

(2.) Notices were issued to the respondents 4 to 9 by registered A/D on 20-8-94. Despite of the notices none appear on behalf of the respondents 4 to 9. Mr. E.Y. Renthungo, learned Jr. Govt. Advocate representing the respondents 1,2 and 3 also expresses his inability to file counter because of non-cooperation of the official respondents. At the same time this is a case of 1991 and deserve expeditious disposal. This being the position, the matter is disposed of on merit on the basis of the materials available on record after hearing Mr. B.N. Sarma learned counsel for the petitioner.

(3.) Final seniority list of Mechanical Overseer Grade -II as on 1-1-92 was published by the authority. In the said final seniority list, the name of the petitioner appeared in serial No. 8. Respondent No. 4 in serial No. 12, respondent No. 5 in serial No. 20, respondent N. 6 in serial No. 15 respondent No. 7 in serial No. 11, respondent No. 8 in serial No. 13 and respondent No. 9 in serial No. 10. According to the final seniority list, therefore, the petitioner is senior to all the respondents in the cadre of Obverseer Grade-I. The grievance of the petitioner is that, despite of he being senior to all the respondents 4 to 9, the petitioner is still working as Overseer Grade -I, whereas the respondents 4 to 9 have been promoted on officiating basis to the post of Asstt. Engineer in the Mechanical department.