YIZANO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. K. Renpemo, learned counsel for the review petitioner. Also heard Ms. V. Chishi, learned Government Advocate appearing for the State respondents as well as Mr. Pokyim Yaden, learned counsel appearing for the respondent No.7.

(2.) This review petition has been filed for review of the judgment and order dated 08-12-2015 passed in W.P (C) No. 153 (K) of 2013.

(3.) Mr. K. Renpemo, learned counsel for the review petitioner submits that when W.P (C) No. 153 (K) of 2013 was filed, the petitioner was not aware of the Notification dated 17-04-1979 issued by the Department of Personnel and Administrative Reforms (Administrative Reforms Branch) by which the Selection Committee for each district and each Sub-Division were re-constituted for direct recruitment to all Class-III and IV posts except technical post in all District and Sub-Divisional Offices. In absence of the said Notification dated 17-04-1979, this Court had considered the Office Memorandum dated 17-03-2011 and had passed the judgment and order on 08-12-2015 in the aforesaid writ petition. He submits that the P & AR Department is the nodal department and therefore, the Office Memorandum dated 17-03-2011 which was issued by the Office of the Commissioner, Nagaland cannot overrule the Notification dated 17-04- 1979. He, therefore, submits that if the Notification dated 17-04-1979 was considered by this Court while deciding W.P (C) No. 153 (K) of 2013, the outcome of the said writ petition would have been different. It is submitted that as the petitioner could not place the said Notification dated 17-04-1979 when W.P (C) No. 153 (K) of 2013 was taken up for hearing, there has been miscarriage of justice and therefore the judgment and order dated 08-12-2015 be recalled and W.P (C) No. 153 (K) of 2013 be again re-heard in the interest of justice.