WATILEMBA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The facts eventually leading to the institution of the present appeal has a chequered history, albeit exhaustive at times. In the maze of facts, what calls for attention is that in the cadre of Company Commandant (alluded to as Coy Commandant) under the establishment of Home Guards and Civil Defence, Govt. of Nagaland, the appellant stood senior to one Mr. Dally Jamir, arrayed as the Respondent No.4 in the present appeal. The post of Coy Commandant is equivalent to that of an Inspector. Whereas the date of regular appointment of the appellant i.e. Mr. Watilemba in the said cadre was reckoned with effect from 2.8.1988, Mr. Dally Jamir's regular appointment was adjudged with effect from 1.10.1993. This position finds disclosure in the Final Seniority List of Inspectors appended to the Circular dated 27.3.1995.

(2.) The effective date of regular appointment of Mr. Dally Jamir in the Inspector grade witnessed a perceptible change following the judgment and order dated 19.10.2000 in WP(C) 22(K) 2000 instituted by Mr. Dally Jamir. In the said case Mr. Dally Jamir claimed regularisation with effect from 1.8.1988 instead of 1.10.1993 without, however, claiming seniority over the persons placed above his name in the Final Seniority List dated 27.3.1995, which included the appellant herein. For the reasons indicated in the said judgment, a direction was made to the effect that the service of Mr. Dally Jamir as Coy Commandant/Inspector be regularised with effect from 1.8.1988 and not with effect from 1.10.1993. An observation was also made that consequent upon the regularisation made effective from 1.8.1988, seniority in the said grade be counted from that date.

(3.) Controversy as regards inter-se seniority starts at the level of Class-I Gazetted Officer's post i.e. in the higher cadre of District Commandant. The appellant had already been granted officiating promotion to the post of District Commandant vide Notification dated 30.5.1998 against clear vacancy. By Office Memorandum dated 22.6.2004 the Final Seniority List in respect of Class-I and Class-II Gazetted Officers as on 30.4.2004 was published. Whereas the name of the appellant figured at serial No.6 of the Class-I list, Mr. Dally Jamir figured at serial no.1 of the Class-II list. In other words, as on 30.4.2004, Mr. Dally Jamir was not even borne in the cadre of District Commandant, his name being shown only in the list of Coy Commandant/Inspectors.