NEIDILHOU ANGAMI Vs. STATE OF NAGALAND

JUDGEMENT

(1.) All the three writ petitions pertain to similar question of fact and law and as such, as agreed upon by the learned counsel for the parties, the writ petitions are taken up together for hearing and disposal by this common Judgment and Order.

(2.) Heard Mr. N. Mozhui and Mr. C. T. Jamir, learned counsel appearing for the petitioners, Mrs. Y. Longkumer, learned Govt. Advocate, appearing for the State Respondents. Also heard Mr. R. Iralu, Mr. K. Sema learned counsels appearing for the private Respondents.

(3.) For the purpose of deciding this batch of writ petitions and for convenience, the facts associated with W. P (C) 24(K)/2008 shall be discussed and referred to as hereunder. 3.1. The petitioners as well as the private Respondents are presently working as Statistical Officer and District Statistical Officer in the Directorate of Economics and Statistics, Kohima, Nagaland. The recruitment and conditions of service for the post of Statistical Officer /District Statistical Officer ( hereinafter referred to as SO/DSO) are governed by the Nagaland Economics and Statistics Service Rules, 1973 (hereinafter referred to as the Service Rules, 1973) as amended from to time. According to the Service Rules of 1973, the post of SO/DSO is classified as junior grade Class-II Gazetted Officer. 50% of the cadre strength of the post of SD/DSO is to be filled up by direct recruitment and the remaining 50% by promotion. Rule 5 of the Service Rules, 1973, provides the methods of recruitment i.e. one by direct recruitment and another by promotion from lower grade and Rule 6 provides that direct recruitment to gazetted post and grade- I under Class-III posts be made through competitive examination to be conducted by the Public Service Comm-ission. Rule 7 provides for appointment and Rule 14 provides as to how seniority in the cadre is to be determined. The relevant portion of Rule 14.1 and Rule 14.1 (b) and 14.1 (c) is reproduced below: