LAWS(GAU)-2016-4-72

ER ATOVI KIBA Vs. STATE OF NAGALAND

Decided On April 28, 2016
ER ATOVI KIBA Appellant
V/S
STATE OF NAGALAND; COMMISSIONER And SECRETARY TO GOVERNMENT OF NAGALAND; GENERAL MANAGER, NAGALAND STATE TRANSPORT; O ELHIBEMO YANTHAN Respondents

JUDGEMENT

(1.) On being recommended by the Nagaland Public Service Commission (herein after referred to as "NPSC"), the petitioner was appointed as Assistant Engineer (Mechanical Engineering) by an order dated 15-01-1988. By another order dated 19-04-1997, the petitioner was promoted to the post of Automobile Engineer and thereafter, further promotion was given to the petitioner as Senior Automobile Engineer by order dated 23-08-2004. On the recommendation of the Post Creation and Upgradation Committee, the case for upgradation of the post of Senior Automobile Engineer held by the petitioner to that of Additional Chief Engineer was placed before the Cabinet in its meeting held on 25- 02-2015. The Cabinet approved the proposal of the Transport Department for upgradation of the post of Senior Automobile Engineer held by the petitioner to that of Additional Chief Engineer under the Nagaland State Transport Department. Consequent to the approval of the Cabinet, a Notification dated 10-03-2015 was issued by the Transport Department upgrading the post of Senior Automobile Engineer held by the petitioner to that of Additional Chief Engineer with effect from 25-02- 2015. Thereafter, a Corrigendum was issued on 24-01-2016 notifying that the effective date of promotion Notification dated 10-03-2015 in respect of the petitioner shall be read as 10-03-2015 instead of 25-02-2015.

(2.) Being aggrieved by the Corrigendum dated 24-01-2016, the petitioner has approached this Court with the following prayers:-

(3.) Heard Mr. N. K. Luikham, learned counsel for the petitioner. Also heard Ms. V. Suokhire, learned Additional Senior Government Advocate appearing for the State respondents and Mr. C.T. Jamir, learned senior counsel assisted by Mr. Wati Jamir, learned counsel appearing for the respondent No. 6.