L SUROLIBA SANGTAM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) HEARD Ms. V. Suokhrie, learned counsel for the petitioners. Also heard Mr. B. N. Sarma, learned Senior Counsel appearing on behalf of the respondent authorities.

(2.) THE writ petitioners numbering 70 claim that they were appointed as Constable by the Superintendent of Police, Kiphire, Nagaland in the month of November and December, 2005 after having been declared medically fit by the Medical Officer, Civil Hospital, Kiphire. The aforesaid appointment orders were kept in abeyance by an order dated 18. 11. 2005 issued by the Superintendent of Police, Kiphire till the additional fund under salary head is received from the Government. Subsequently, by an order dated 24. 11. 2005 issued by the Superintendent of Police, Kiphire, the earlier order of keeping the appointment orders in abeyance, were revoked. The petitioners, after the aforesaid revocation order, represented before the Director General of Police, Nagaland for release of their salaries; but the same were not paid to them. Aggrieved by the inaction by the state respondents they have approached this Court for payment of their salaries as per their service condition.

(3.) AN affidavit-in-opposition has been filed on behalf of the official respondents by the Special Secretary to the Government of Nagaland, Home Department. In the counter affidavit, it has been stated, amongst other, that appointment orders were issued to the petitioners by Shri Lilongse Sangtam, the then Superintendent of Police, Kiphire without any sanction and without following any procedure. As a matter of fact, it is stated in the affidavit that the total strength of the Unit at all relevant times was and has been 108 and the strength of the constabulary was and has been 77 only and the strength was exceeded to the extreme in the private interest of the then Superintendent of Police, Kiphire. Having come to know about the illegality committed by the then Superintendent of Police, Kiphire, the Government initiated departmental proceedings against him and he was placed under suspension. The new incumbent Shri K. Mero who joined as Superintendent of Police, Kiphire on 14. 7. 2006 reported the matter in details to his higher authorities by way of a report in which it was stated that while 169 excess appointments of Constables were made initially by Shri Lilongse Sangtam, the then Superintendent of Police, Kiphire, the same were followed by another 139 appointments of the same nature which included the appointments of the petitioners and as such the total illegal appointments come to 298. It has been clearly stated in the aforesaid counter affidavit that the then Superintendent of Police, Kiphire made the aforesaid appointments behind the back of the Nagaland Police Headquarters and the Government, although at the relevant time, there was no vacancy to accommodate the petitioners. Further, it is stated that there was no medical examination or test and similarly there was no physical examination or test conducted by the then Superintendent of Police, Kiphire, inasmuch as the medical test is to be conducted by the Regimental Medical officer, who is a member of the recruitment board and in the case of the present recruitment of petitioners, no such test was held.