LOZHEVI SEMA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This Writ Appeal is directed against the judgment dated 10.8.95 passed by a learned Single Judge of this Court in Civil Rule No. 129(K) of 1994 thereby holding that (1) the post of Vocational Guidance and Counselling Officer, for short VGCO in the Directorate of School Education, Nagaland was not an Ex- cadre post ; (2) appointment order dated 20.12.85 appointing the writ petitioner respondent No. 3 to the post of VGCO was a Class I post and that he was senior to other private respondents and eligible for consideration for promotion to the next higher post. Aggrieved by the same, the appellants have preferred this appeal.

(2.) Heard Mr. Mishra, learned counsel for the appellants and Mr Saikia, Seamed counsel assisted by Mr, J. Chutia an learnedGovt. Advocate Mr. Khalaniar for the respondents. Few basic facts now be noted.

(3.) The writ petitioner respondent Tohoshe Sema working as VGCO, filed writ petition No. 129(K)/94 challenging the seniority list of Class I Gazetted Officers as on 1-1-93 published vide order dated 9.7.93, Annexure-G to the writ petition. By this seniority list of Class1 Gazetted Officers of the Education Department of the Govt. of Nagaland was fixed. The writ petitioner also challenged order dated 5.4.94, Annexure- F to the petition whereby the respondents Governmemt of Nagaland informed him that the po5l of VGCO was an ex-cadre post and the writ petitioner respondent was appointed to the said post out of his cadre of graduate teachers. By the same letter dated 5.4.94 he was further informed that h is representation for promotion to the post of Deputy Director, Education cannot be considered in view of the above fact.