Judgment :-

Aftab Alam, J.

1.1. Leave granted.

.2. Appellant no.1, I. Chuba Jamir was writ petitioner no.2 before the High Court,

.appellant nos. 2 to 2/4 are the heirs and legal representatives of writ petitioner no.3 who died in the course of litigation before the High Court and appellant no.3 Vilapral Aja was writ petitioner no.4 before the High Court. Appellant No.1 is reported to have retired during the pendency of the appeal.

2.3. The two appellants and the deceased writ petitioner sought to challenge the appointment/promotion of respondent No.3, who was earlier posted as Statistician-cum-Economist in the PWD and Housing department, as Assistant Director in the Nagaland Economics and Statistical Service as a consequence of the encadrement of the post held by him in the PWD and Housing department with the E & S Service. They also challenged the tentative gradation list of the officers of the Service issued on October 26, 1998 in which respondent No. 3 was placed above them.

3.4. Appellants 1 and 3 and writ petitioner No. 3 (since deceased) were all appointed as direct recruits, through Nagaland Public Service Commission as Statistical Officer (Class II Gazetted) in the Economi