SHRI. MENGUTUO KENSE, OFFICE PEON, FINANCE BUDGET, FINANCE DEPARTMENT, NAGALAND, KOHIMA. MOBILE NO. 9856467989 & ORS. Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) Heard Ms. Nuksungtila, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Government Advocate appearing on behalf of the State respondents.

(2.) The case of the petitioners in brief is that they are grade III employees in the Civil Secretariat, and they have been in service for the last 20 years, and all along in their service career they have never been promoted. Therefore, they have been eagerly waiting for promotion to the next higher post i.e to Grade-III to which they are eligible as per the earlier Government Memorandums issued from time to time. But since the opportunity for promotion to Grade-III post did not come by easily they submitted a representation to the concern authorities and in response thereto, the Government constituted a Review Committee vide Memo No. SAB-5/1/2013, dated 26-03-2013. And the review committee so constituted issued Office Memorandum No. SAB-5/1/2013, dated 24-09-2013 by which the same norms for promotion of Grade IV employees to Grade III post followed earlier was recommended. The Office Memorandum dated 24-09-2013, a copy of which was filed along with the petition is reproduced below:-"Office Memorandum

(3.) The State respondents in their counter-affidavit has submitted that with the change of time, the functions of Duplicating Mechanic, Dispatch Rider, Gestener Operator and Telephone Operator have become redundant therefore, they have been converted to posts which functions are more relevant and required now a days, and with that the educational qualifications which are required for effective and efficient functioning in such post have been prescribed, therefore, there is no illegality or unconstitutional about it. It is also submitted that for promotion of Grade-IV employees in the Civil Secretariat the post of Duftry and Jamadar are sill kept open, therefore, it is not that the petitioners have been deprived of all promotional avenues.