ER. RAZOUVOLIE KELIO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under Art. 226 of the Constitution of India praying for a writ in the nature of a certiorari and or Mandamus and or any other appropriate writ or order or direction of the like nature as may be deem fit by this Court in the facts and circumstances of the case.

(2.) The brief facts of the case which lead to the filing of this writ application are as follows;

(3.) After all the above notifications were issued the department of Irrigation and Flood Control, issued a Notification No. IRR IRR/EST-53/93(Pt), dated 11.08.1998, fixing the seniority of the petitioner in the Irrigation and Flood Control department w.e.f 01.02.1989 i.e. the date on which he was appointed as Assistant Soil Conservation Officer (Engineering) in Soil and Water Conservation department, and placing him in the seniority list of the department of Irrigation and Flood Control next to Shri. Hotovi Sema, SDO (Irrigation and Flood Control), but above the respondent No. 6 and 7 based on the date of entry to service; the petitioner having entered into service on 01.02.1989 and the respondents No. 6 and 7 on 06.03.1990. Accordingly, the Deputy Secretary to the Government of Nagaland, department of Irrigation and Flood Control, issued a final seniority list of SDOs (Irrigation and Flood Control) on the same date i.e. 11.08.1998 placing the petitioner as Sl. No. 3 in the seniority list and the respondent No. 6 and 7 at Sl.No. 4 and 5. The notification and the final seniority list are reproduced here below one after the other;