VELUZO PURO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) By this application under Article 226 of the Constitution the petitioners have challenged the validity of addendum dated 20.12.04, by which 16 posts of Junior Divisional Accountant (Class-III Non-Gazetted) have been added as part of the posts advertised vide Advertisement No. 4/2004- 2005 dated 7; 11.04. The petitioners are all together 13. By order dated 20,4.06 passed by this Court in CMC No. 83 (K) 06, 13 private parties had been impleaded as respondents Nos. 7-19, By order dated 30.9,05, the respondents were allowed to proceed with selection of candidates for the post of Junior Divisional Accountant (Class-III Non-Gazetted) pursuant to the addendum dated 20.12.04 with a rider that no orders of appointment shall be issued,

(2.) Stating that they were appointed on contract basis for a period of 3 (three) years or till regular selection through Nagaland Public Service Commission (NPSC) as advertised by them in local papers, whichever is earlier, the petitioners had not applied in pursuance of advertisement No. 4/2004-05 dated 7.11,04. The above said appointments were made vide orders dated 22.12.04. Subsequently, by addendum dated 20.12.04, 16 posts of Junior Divisional Accountant against which posts the petitioners were appointed, were added as to be recruited in terms of advertisement dated 7.11.04. In the said advertisement dated 7,11.04, it was stipulated that the last date for receipt of applications would be 10.12.04. In this background, the Joint Director of Treasuries and Accounts, Nagaland by letter dated 7.3.05,,requested Financial Commissioner, respondent No. 2 to move NPSC to extend the last date for submission of application forms as to enable all the contract appointees to appear examination for the posts; of Junior Divisional Accountant. It is further the case of the petitioner that on receipt of the above said letter dated 7.3.05, Under Secretary to the Govt. of Nagaland vide letter dated 8.3.05 had requested Secretary NPSC to extend the last date for submission of applications in respect of Junior Divisional Accountant so as to enable the contract appointees to appear for examination for the said post. However, Secretary,'NPSC by letter dated 15.3.05 expressed their inability to extend the last date of submission of applications for the postt of Junior Divisional Accountant on the ground that the contract of appointments were made after the submission of applications. It is further the case that the petitioners had submitted representation to the Director, Treasuries and Accounts on 4.4.05, requesting him to take steps for withdrawal of 16 posts of Junior Divisional Accountant from NPSC examination on the ground that they were not allowed to submit their applications by NPSC, respondent No. 5. It is also stated that the consequent upon advertisement dated 7.11.04, preliminary examination was held on 26.3.05 and the main examination was held in the month of August/September 2005 and the result is awaited. In this background, tine present application came to be filed challenging the validity of addendum dated 20.12.04.

(3.) An affidavit on behalf of respondents 1 to 4 has been filed and it is stated in the said affidavit that the post of Junior Divisional Accountant (JDA) comes within the purview of the NPSC for recruitment and that the Department had requested the NPSC to extend the last date of submission of applications for the post of JDA as to enable the contract appointees to appear in examination and that the NPSC did not agree. An affidavit on behalf of respondents Nos. 5 and 6 i.e. Secretary, NPSC and NPSC was also filed. In the said affidavit it has been stated inter alia that the petitioners were appointed on contract basis to the post of JDA and they did not apply for the first category of posts advertised and that they were appointed on contract basis after the last date of submission of applications and that in pursuance of the advertisement, preliminary examination was held on 26.3.05 and that the main written examination was held on 10.8.05 and that viva voce for those who had qualified in the written examination was held from 7.11.05 to 30.11.05 and that the entire selection process had been completed. Reference has also been made to interim order dated 30.9.05 passed by this Court by which the respondents were allowed to proceed with the selection process of JDA. It is also stated that the petitioners have approached this Court after the process of holding preliminary examination and main examination. The private respondents have also contested the case by filing affidavit. In the said affidavit traversing the various statements made in the writ petition, it is stated, inter alia, that the appointment of the petitioners was made from the back door bypassing the Government's standing order dated 26.2,01. The petitioners have not come with clean hands or genuine grievance as no enforceable or fundamental rights accrued to them have been infringed. It is also stated that the petitioners themselves have made no representation to the NPSC. It is also stated that the results have already been declared vide notification dated 30.11.05 but no appointment order has been issued in view of the interim order dated 30,9,05 passed by this Court.