RUKONGUTUO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Mr. C.T. Jamir, learned Counsel appearing on behalf of the petitioners, Mrs. Lucy, learned Govt. Advocate appearing for respondents 1 to 5 and Mr. T. Koza, learned Counsel appearing on behalf of respondent No. 6.

(2.) IN this writ petition, the petitioners, who were directly recruited as SDO (Electrical) under the relevant service rules are praying for quashing the Govt., order/notification dated 29.9.05 by which the respondent No. 6, who had been serving as Lecturer, Khelhoshe Polytechnic Atoizu under Higher and Technical Education and then serving as SDO (Electrical) on deputation, was absorbed in the Department of Power as SDO (Electrical) w.e.f. 15.9.05 and the Govt, order/notification dated 7.12.05 by which the seniority of the said respondent was ordered to be counted from the date of his regular appointment as Lecturer in the parent department i.e. 6.10.93 instead of the date of his absorption to the Power Department.

(3.) ON 1.7.03, the State Government issued a notification being No. POWER/W -61/2002 releasing the respondent No. 6 and two other deputationists from Power Department. However, in respect of respondent No. 6, in supersession of the above said notification dated 1.7.03, the State Government extended the term of deputation of the said respondent from 1.9.03 till WP (C) No. 162 (K) 03 filed by the said respondent was settled by the High Court. This Court vide order dated 23.3.05, disposed of the said case directing the State respondents to consider the case of the petitioner (the present respondent No. 6) as to whether to absorb him or not in the Power Department within a period of 2 (two) months from the date of receipt of the order. Then, on 29.9.05, the State Government issued the impugned notification No. POWER/W -61/2002 absorbing the respondent No. 6 as SDO (Electrical) in the Power Department w.e.f. 15.9.05. It was also stated in the said notification to the effect that the seniority of respondent No. 6 would be counted from the date of Cabinet decision i.e. 15.9.05. Thereafter, the other impugned notification being No. POWER/W -61/2002 dated 7.12.05 was issued superseding the earlier notification dated 29.9.05 and making the seniority of respondent No. 6 to be counted from the date of his regular appointment as Lecturer in his parent Department i.e. 6.10.93.