NIHIO KITHAN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) These four appeals are against the judgment and order dated 16.6.95 of the learned single Judge passed in CR No 137 (K) 94 of the Kohima Bench or this Court. Since common questions of fact and law arise in these; appeals, they are being disposed of by this comnuon judgment.

(2.) The relevant facts briefly are that the appellants in WA No 553/95 and WANo 554/95 were appointed to the posts'of Sub-Treasury Officer/Junior Accounts Officer (Class- II Gazetted) on deputation under the Dhrectorate of Treasury and Accounts, Nagaland, in the year 1989. Similarly, the appellant in WA. (T) No 357/96 was appointed as Sub-Treasury Officer on deputation and posted under the Directorate of Treasury and Accounts, Nagaland, in the year 1991 and the appellant in WA No 32/96 was appointed as Sub-Treasury Officen/Junior Accounts Officer on deputation and posted under the Directorate of Treasury and Accounts, Nagaland in the year 1993. Pursuant to the orders of appointment on deputation, they joined as Sub-Treasury Officer/Junior Accounts Officer and were continued on such deputation by orders of extension of deputation passed from time to time. Aggrieved by such extensions of deputation of the appellants from time to time, the Accounts Service Association of Nagaland and the Association of Subordinate Officers of Treasuries, Nagaland filed writ petition numbered as CR No 137(K)94 before the Kohima bench of mis Court. The grievance of the said two writ petitioners was that by such extension of deputation of the appellants from time to time in different posts of Sub-Treasury Officers and Junior Accounts Officers in Class-II Gazetted cadre of the Nagaland Finance and Accounts Service, the promotions and other service prospects of the members of the petitioner association were affected. The case of the writ petitioners was that they did not have the necessary qualifications to be appointed to Class-II Gazetted cadre of the Nagaland Finance and Accounts Service and yet they have been continued on deputation hi different posts belonging to the said cadre as a result of which service prospects of the members of the petitioner association have been seriously jeopardised. The further grievance of the petitioner association in the aforesaid Civil Rule was that although by a notification dated 8.3.90, the Governor of Nagaland constituted the Nagaland subordinate Finance, Accounts and Audi Services under the control of the Directorate of Treasury and Accounts, Finance Department, the service rules of the said service have not been framed under the proviso to Article 309 of the Constitution. By the impugned Judgment and order dated 15.6.95 passed in CR No 137(K)94, the learned single Judge disposed of the said Civil Rule with the following directions.

(3.) Mr. DK Mishra, learned counsel for the appellants, submitted that the appellants have no grievance whatsoever with regard to directions (a) and (b) given by the learned single Judge quoted above for framing service rules for the Nagaland subordinate Finance, Accounts and Audit Services and filling 50% of the Class-II posts of the said service by direct recruits through competitive examination. But the appellants are aggrieved by the directions (c) and (d) of the learned single Judge quoted above as by the said directions, the appellants who were on deputation to the posts of Sub-Treasury Officer/Junior Accounts Officers of Class-n of the Nagaland Finance, Accounts and Audit Service Rules, 1982 will have to be reverted to the parent department after the deputation periods are over if they do not pass part-I of the Subordinate Accounts Examination as prescribed by the rules. Mr. Mishra referred to the provisions of the Nagaland Finance and Accounts Service Rules, 1982 and in particular Rules 5 and 8 thereof to show that the appellants who had completed about 5 years experience in the Accounts/ Treasury were entitled to be recruited to Class-II of the aforesaid service by a limited departmental examination. He stated by referring to paragraph-17 of the Appeal Memo in WA No 554/95 that as a matter of fact a limited departmental examination as envisaged by the aforesaid Rule 8 for recruitment to Class-n of the cadre was held in the year 1992 and the results of the said examination were awaited, but before the results could be announced , the impugned judgment and order dated 15.6.95 of the learned single Judge was delivered holding that the deputationists who had not passed Subordinate Accounts Service examination could not be absorbed in Class-II of the service. Mr Mishra, therefore, prayed that the directions (c) and (d) of the learned single Judge in the impugned judgment and order be set aside so that the appellants can be recruited to Class-n of the aforesaid service through departmental examinations as provided in Rules 5 and 8 of the aforesaid rules.