VIBOLI S. SUMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Supongwati, learned counsel for the petitioner. Also heard Mr. K. Angami, learned Government Advocate appearing for the State respondent Nos. 1 to 6 as well as Mr. N. Mozhui, learned counsel appearing for the respondent No. 7.

(2.) One post of Sectional Assistant (' S.A.' for short') fell vacant under the establishment of Executive Engineer, Public Works Department (Road and Bridges) ('PWD' '(R&B)'for short), Kiphire Division, Kiphire, Nagaland' due to the voluntary retirement of one Shri H. Shihoi Yeptho. The petitioner who is the daughter of the said Shri H. Shihoi Yeptho made an application dated nil addressed to the Engineer-in-Chief, Nagaland Public Works Department, Nagaland, Kohima for considering her case for appointment in the said vacant post. The said application was forwarded to the respondent No.4 by the Executive Engineer, PWD (R&B), Kiphire Division by forwarding letter, dated 29-08-2013. As no steps were taken, the petitioner made another application for appointment to the post of S.A. before the respondent No.4 which was also forwarded by the Executive Engineer, PWD (R&B), Kiphire Division, Kiphire by forwarding letter, dated 20-10-2014. In the meantime, the petitioner came to learn that the respondent No. 7 was appointed to the said vacant post of S.A. by office order, dated 21-11-2014 in pursuance of the Government approval letter dated 21-11-2014. Being aggrieved, the present writ petition.

(3.) Mr. Supongwati, learned counsel for the petitioner submits that the petitioner was the only applicant to the vacant post of S.A. It is submitted that her applications were forwarded to the respondent No. 4. However, no steps were taken and instead of considering the case of the petitioner, the official respondents have appointed the respondent No. 7, though no application has been made by him. In that view of the matter, he prays for setting aside the impugned order, dated 21-11-2014 by which the respondent No. 7 was appointed to the post of S.A.