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 Economics and Statistical Service of the State. Writ petitioner No. 3 was appointed on June 21, 1984 and appellants 1 & 3 on June 28, 1984. On July 25, 1990 five posts of Assistant Directors fell vacant when incumbents on those posts were promoted as Deputy Directors (Class I Gazetted) in the Directorate of Economics and Statistics. According to the appellants, by that time they had completed more than five years in service and were otherwise eligible for promotion as Assistant Directors in terms of the Nagaland Economics and Statistics Service Rules. They were, however, not considered for promotion at that time.

.5. On February 2, 1988, on the recommendation of the Public Service Commission, the 3rd respondent was appointed to the post of Statistician-cum-Economist (Class I Gazetted) in the department of PWD and Housing. There being no avenues for his promotion in the department of PWD and Housing he made representations for transferring him along with the post to the State Economics and Statistical Service, giving an undertaking in writing that he would not claim the benefit of past service for the purpose of seniority. On December 21, 1992 the Government of Nagaland in the department of Planning and Co-ordination issued an order conveying "the approval of the Governor of Nagaland to the encadrement of the post of Statistician-cum-Economist (Class I Gazetted), Traffic Engineering Cell, under the department of Works and

.Housing Nagaland, created on 17.3.1980, with the Nagaland Economics and Statistics Service along with the incumbent Shri Y. Sacheo Ovung in the cadre of Assistant Director in the pay scale and with all other allowances admissible to that post. The order further stated that Y. Sacheo Ovung (respondent No. 3) was accordingly transferred to the department of Economics and Statistics but consequent upon the encadrement he would have no claim of seniority over the other officers already posted as Assistant Directors (E/S). His seniority in the cadre of Assistant Director (E/S) would be counted from August 13, 1992. He was posted in the department of Works and Housing as Assistant Director (E/S) with immediate effect.The order further stated that it was issued with concurrence of the Governors Executive Council vide Agenda No.8 dated August 13, 1992.

4.6. Later on in supersession of this order a Notification was issued on October 27, 1993 that reads as under:

"NOTIFICATION

No.STAT/P-17/92 Dated Kohima, the 27th Oct. 1993

In supersession of this Departments order of even number dated 21.12.1992 the Government of Nagaland is pleased to encader the Services of Shri Y.S.Ovung Statistician-cum-Economist, Department of Works and Housing as Assistant Director in the Directorate of Economics and Statistics in the scale of pay Rs.1175-50-1775-EB-50-1975