ER. KEKHRIEZHALIE SORHIE Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of the India praying for setting aside and quashing the impugned letter dated 18.05.2015, wherein P &AR department directed the New and Renewable Energy Department to immediately revoke the officiating promotion of the petitioner from Junior Engineer to Project Officer, issued by the department vide Notification No. NRE/ESTT-2/69/2012, dated 07-11-2014, and also praying for setting aside and quashing the order/Notification No. NRE/ESTT-2/69/2012, dated 30-06-2015, of the New and Renewable Energy Department, Nagaland, issued in pursuance to the said letter, wherein and whereby, the officiating promotion of the petitioner was revoked.

(2.) Heard Mr. C.T. Jamir, learned Sr. counsel who appeared on behalf of the petitioner and also heard Ms. V. Suokhrie, learned Addl. Senior Government Advocate who appeared on behalf of the State respondents. The facts of the case in brief is that the petitioner was appointed as Junior Engineer (Civil), Class-II Gazetted in the department of New & Renewable Energy vide Notification No. NRE/ESTT-2/67/2012(II), dated 30.08.2012, on the recommendation of the NPSC. And after having served in that post, for a little more than 2 (two) years he was promoted on officiating basis to the post of Project Officer in the department, a post vacated by a person on being repatriated to his parent department. While continuing in that post, the department in pursuance of the direction the P &AR department conveyed through a letter dated 18.05.2015, issued the order/Notification No. NRE/ESTT-2/69/2012, dated 30-06-2015, thereby revoking the officiating promotion of the petitioner on the ground of non fulfilment of the guidelines or conditions contained in the P &AR Office Memorandums No. AR-3/Gen-174/2007 (Pt), dated 20-07-2009, and dated 17-12-2014. Aggrieved by the said impugned letter of P &AR department and the notification revoking his officiating promotion, the petitioner has come to this Court.

(3.) The learned Sr. counsel for the petitioner submitted that the Government Office Memorandums referred to in the notification revoking the officiating promotion of the petitioner are guidelines or instructions relating to relaxation of age for promotion to higher posts vacated by persons who have either attained the age of 60 years or completed 35 years of age as per the Nagaland Retirement from Public Employment Act (2nd Amendment, 2009) which provides for retirement of employees of Government of Nagaland from service on completion of 35 years of in service or on attaining the age of 60 years, whichever is earlier. The learned Sr. counsel further submitted that on commencement of the Act many officers at higher ranks retired from service and as result, there was a lot of vacancies at the higher ranks creating a big vacuum, therefore, in order to meet the exigencies the Government issued the above stated Office Memorandums to facilitate filling up of such posts through promotion by relaxing the minimum qualifying years of service of officers who were on the feeder posts or in the line of promotion. In the case of the petitioner, the vacancy arose out of repatriation of an officer who was on deputation, therefore, the said Government Office Memorandum has no application or relevance. In addition, he also submitted that the Government Office Memorandums were meant for regular promotions and for officiating promotions as in the case of the petitioner, therefore, the same is applicable in the petitioner's case.