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2013 Supreme(Gau) 595

INDIRA SHAH
Nihoto Shohe – Appellant
Versus
State of Nagaland – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:Mr. A. Zhimomi, Advocate
For Respondents/Defendant: Mr. S. Mere, GA

JUDGMENT

Dr. Indira Shah, J.

1. Heard Mr. A. Zhimomi, learned counsel appearing for the petitioner as well as Mr. S. Mere, learned State counsel. The petitioner herein is working as Managing Director in Nagaland Industrial Development-cum-Corporation Limited (NIDC, in short). The petitioner was initially appointed in the Nagaland Pulp and Paper Company as Assistant Purchase Officer on 27.09.1978. He was promoted in the rank of Senior Executive (Purchase). In the later part of 1984, through an interview conducted by Nagaland Industrial Development Corporation, the petitioner was appointed in the Corporation as Project Manager. He was then placed on probation for a period of 1 (one) year. It has been stated that NIDC is an undertaking of Government of Nagaland. According, to the petitioner, the employee of NIDC are not Government servants and their services are governed by rules under the name and style "the Service Rules of NIDC, 1991". The State Government of Nagaland retirement from Public Employment Amendment Act, 2009 laid down the criteria for superannuation as 35 years of service or attaining 60 years of age. The NIDC, followed the criteria of the State Government for superannua




















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