ER. RAZOUVOLIE KELIO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application under Article 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; The petitioner was initially appointed as Assistant Soil Conversation Officer (Engineering) in the department of Soil & Water Conversation through Nagaland Public Service Commission (in short, NPSC) vide Notification No. SOIL-19/36, dated 21.2.1989, issued by Under Secretary to the Government of Nagaland, Soil & Water Conversation department, wherein the petitioner's name figured at Sl. No. 4 of the Notification. In that Notification, the petitioner's name was given as Shri. Tongchinmang Tungnung. However, pursuant to his application asking for change of his name to his adopted named Razouvolie Kelio, which was supported by an affidavit submitted to the department the department, issued a Notification No. SOIL-107/88/G, dated not illegible, in December, 1991, stating that his name shall henceforth be Razouvolie Kelio for all purpose. While being situated as such, P&AR Department (O & M CELL), issued a Notification No.AR/O&M-5/90, dated 04.11.1997, ordering amalgamation/encadrement of the post of Assistant Soil Conservation Officer (Engineering) in Soil & Water Conservation department held by the petitioner, along with the petitioner himself with the cadre of Engineering wing in the Irrigation & Flood control department with effect from the date of amalgamation. Following the issuance of the above stated Notification, department of Irrigation & Flood Control, issued a Notification No. IRR/EST/53/93, dated 13.05.1997, giving effect to the same. Thereafter, the department of Soli & water Conservation also issued a Notification No. SOIL-9/87/G (pt), dated 6.01.1998, on the same line as issued by the department of Irrigation & Flood Control but adding a sentence which stated that the period of service rendered in the Soil & Water Conservation department i.e. from the date of his regular appointment in the service, dated 1.2.1989 to 03.11.1997, will also be deemed to have been counted in the Irrigation & Flood Control department. The above stated notification which were annexed as Annexure-5, Annexure-6 and Annexure-7 to the writ petition are reproduced here below one after the other;- "Government of Nagaland Personnel & Administrative Reforms Department (O & M CELL) Notification No.AR. O&M-5/90 Dated Kohima, the 4th Nov' 97. In continuation of this Department's Notification No.Ar-13/6/08 of 6.12.88 & 25.5.89, the Governor of Nagaland is pleased to order amalgamation/encadrement of the post of Assistant Soil Conservation Officer (Engineering) under Soil & Water Conservation Department held by Shri. Razouvolie Kelio, B.Tech (Agricultural Engineering) to that of Irrigation & Flood control Department along with the incumbent to his discipline with immediate effect. Consequent upon the amalgamation/ encadrement as ordered above, the Governor of Nagaland is also pleased to order that the post of Assistant Soil Conservation Officer (Engineering) in Soil & Water Conservation Department shall form a combined cadre of Irrigation & Flood Control with effect from the date of amalgamation. The Governor is further pleased to order that the concerned incumbent holding the post which have now been encadred shall be deemed to have been duly appointed to the post in the Irrigation & Flood Control Cadre. Placement of Officer and staff, fixation of their/his inter-se-seniority, procedure for execution of work etc. will be as recommended by the Expert Committee and as notified by the W & H Department vide their notification No.WH/ESTT/17/88 of 18.1.89 & 17.10.89 respectively. Sd/- Anil Kumar Commissioner & Secretary to the Government of Nagaland". "Government of Nagaland Irrigation & Flood Control Department Notification Dated Kohima, the 13th Nov'97. No.IRR/EST/53/93:: In pursuance to personnel & Administrative Reforms Department's Notification No.AR/O&M/5/90 dated 4.11.97, the Governor of Nagaland is pleased to order amalgamation/encadrement of the post of Assistant Soil Conservation Officer (Engineering) under Soil & Water Conservation Department being held by Shri. Razouvolie Kelio, B. Tech (Agricultural Engineering) to that of Irrigation & Flood Control Department alongwith him to his discipline with effect from 4.11.97 subject to the following:-

(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; "Government of Nagaland Irrigation & Flood Control Department Notification Dated Kohima, the 11th Aug''98. No.IRR/EST/53/93 (Pt):: In pursuance to personnel & Administrative Reforms Department's Notification No.AR/O&M-5/90 dated 4.11.97, the Governor of Nagaland is pleased to encadre the post of Assistant Soil Conservation Officer (Engineering) being held by Shri. Razouvolie Kelio, in the Irrigation & Flood Control Department and to refix his seniority w.e.f 1.2.89 from the date of his first entry/appointment as Assistant Soil Conservation Officer (Engineering) in Soil & Water Conservation department on direct recruitment through the Nagaland Public Service Commission. Thereafter, his seniority in the Irrigation and Food Control department will be next to Shri. Hutovi Sema, Sub-Divisional Officer (Irrigation & Flood Control) under rules. This supercede Office Memorandum No. IRR/ESTT-3/88 dated 12.9.97.Final seniority list of Sub-Divisional Officer's (Irrigation & Flood Control) degree holders is re-fixed as per Annexure enclosed. Sd/- A.K. Jain Commissioner & Secretary to the Government of Nagaland." "Final Seniority List of S.D.O. (I &FC) Class -I (Gazetted) Officer in respect of Degree holders recruited directly through Nagaland Public Service Commission as on 01.06.1998 Sd/- (Thungbamo Lotha) Deputy Secretary to the Govt. of Nagaland"