L CHONGJI PHOM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) In this writ appeal, the writ petitioner of W.P.(C) No.249(K) of 2011 has challenged the judgment and order dated 8.7.2013 passed by the Hon'ble Single Bench whereby his writ petition was dismissed on merit.

(2.) The case of the writ petitioner is that she was awarded certificate after successfully completing the course of knitting conducted by the Directorate of Employment & Craftsmen Training, Nagaland. Thereafter, vide order dated 19/11/2001, she was appointed as Knitting Instructor at the Government Middle School, Yongnyah. It is claimed that the aforesaid post was created vide Government Order No.EDS/9-50/83 dated 31.5.1986. In the month of July, 2003, there was a transfer whereby the petitioner was transferred from Government Middle School, Yongyah to Government Middle School, Kangching vice one Smti. H. Tongyung Phom. According to her, she continued to work at Government Middle School, Kangching till 2006 when the Department of School Education carried out a verification process to locate and weed out bogus and illegal appointees. In course of such operation, the petitioner was asked to furnish her appointment letter and she produced the same. After the exercise was completed, it was found that although three lists of appointees that were published, namely, the genuine list, bogus list and absentee list, the petitioner's name did not figure in any of the aforesaid lists. Situated thus, she approached this Court by filing writ petition being W.P.(C) No.143(K) of 2009. The aforesaid writ petition was disposed of by giving a direction to the authorities for holding an enquiry. The enquiry was, thereafter, held and by order dated 12.08.2011, it was opined that in course of enquiry held on 8.6.2011 at GMS Yongnyah in presence of Head Teacher of the School, the petitioner Smti. Chongji Phom was found absent and rather one Smt. Tongyong was found working there. With these findings, her appointment was held as ingenuine.

(3.) According to the writ petitioner, since her appointment was at GMS Kangching, there was no question of her being present in GMS Yongnyah. She further claimed that she was sent to undergo training and that she was also granted maternity leave in 2005 and all those documents were placed before the enquiry committee, but to no avail. Being compelled, she filed yet another W.P.(C) No.249/11 and during pendency of this writ petition, the State Respondent instituted a second enquiry to find out the genuineness of her appointment. The report dated 20.02.2012 is the outcome of the second enquiry. She has prayed for setting aside both the findings recorded in letter dated 12.8.2011 and 20.2.2012 and claimed all consequential benefits like arrear salaries, current salaries, etc.