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2012 Supreme(Gau) 1098
IN THE HIGH COURT OF GAUHATI, (KOHIMA BENCH)
P.K. Saikia and Subhasis Talapatra, JJ.
Smt. Keruupfeu
Vs.
State of Nagaland and Ors.
W.A. 20(K) of 2011
Decided On: 14.09.2012
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: B.N. Sharma, learned Sr. Counsel, assisted by Kekhrienengulie
For Respondents/Defendant: C.T. Jamir, learned Sr. Counsel assisted by Wati Jamir
Headnote:
Council of Educational Research and Training Services Rules, 2003 – Rules 2003 - Post of Lecturer - Appellant as well as learned senior counsel assisted by for respondent and learned senior Government Advocate for respondent - Writ Appeals being and Writ Appeal are tied up together for reason that an identical question involved in these matters requires to be attended to - In writ petition being appellant challenged regularization of the respondent in post of Lecturer in District Institute of Education and Training under respondent - Writ Appeal being has emerged there from - Appellant set in writ proceeding being for striking down seniority list published by Office Memorandum - Held, This Court would not interfere with that part of notification whereby private respondents have been appointed in cadre of Lecturer - This order has to be confined for cadre for Lecturer only - As consequential thereof, the respondent are directed to take immediate steps for reconvening of the D.P.C. for purpose of fresh recommendation for regularization of private respondents in post of Sr. Lecturer on strict observance of rules as provided in schedule appended to said Rules and thereafter to issue appropriate order of promotion in post of Sr. Lecturer - Appeal allowed
Subhasis Talapatra, J.
1. Heard Mr. B.N. Sharma, learned senior counsel assisted by Mr. Kekhrienengulie, learned counsel appearing for the appellant as well as Mr. C.T. Jamir, learned senior counsel assisted by Mr. Wati Jamir for the respondent Nos. 3 to 7 and Mrs. Y. Longkumer, learned senior Government Advocate for the respondent Nos. 1 and 2. The Writ Appeals being No. 20(K) of 2011 and Writ Appeal No. 21(K) of 2011 are tied up together for the reason that an identical question involved in these matters requires to be attended to.
2. In the writ petition being W.P.C. No. 284(K) of 2007, the appellant challenged the regularisation of the respondent Nos. 3 to 7 in the post of the Sr. Lecturer in the District Institute of Education and Training under the respondent No. 2. The Writ Appeal being W.A. No. 20(K) of 2011 has emerged therefrom. The appellant set in the writ proceeding being W.P. (C) 173(K) of 2007 for striking down the seniority list published by Office Memorandum No. EDS/DIET/I/05 (PT) dated 17.11.2006 (Annexure-M to the writ petition), wherefrom the Writ Appeal No. 21(K) of 2011 has emerged.
3. The learned single Judge by the separate judgments and orders dated 1.7.2011 has dismissed both the writ petitions on identical observations.
4. The essential fact that is required to be noted for purpose of appreciation is that, the petitioner was initially appointed as the Sr. Lecturer on contract basis by the order dated 30.3.1993 (Annexure-A to the writ petition being W.P. (C) No. 173(K)/2007) and her service was regularized as the Sr. Lecturer w.e.f. 16.1.2004 by the order dated 15.6.2005 (Annexure-C to the said writ petition). The respondent No. 3 in the writ petition 173(K) of 2007 was initially appointed on deputation by the order dated 30.10.1992 (Annexure-F to the writ petition) and absorbed in the cadre of Lecturer w.e.f. 15.1.2001 by the order dated 28.3.2001 (Annexure-G to the said writ petition) and thereafter he was promoted on officiating basis as the Sr. Lecturer w.e.f. 20.1.2001 vide order dated 20.9.2002 (Annexure-H to the said writ petition). Then he was appointed on deputation to the post of Sr. Lecturer w.e.f. 8.4.1997 by the order dated 20.9.2002 (Annexure-H/1 to the said writ petition). On the recommendation of the DPC, his service was regularised w.e.f. 20.1.2001 by the order dated 10.3.2005 (Annexure-H/1A to the said writ petition) and thereafter he was promoted on officiating basis in the post of Principal by the order dated 22.1.2007 (Annexure-J to the said writ petition).
5. The respondent No. 4 was appointed on contract basis in the post of Lecturer by the order dated 30.10.1992 (Annexure-F/1 to the said writ petition) and regularised in the post of Lecturer w.e.f. 15.1.2001 by the order dated 28.3.2001 (Annexure-G/1 to the said writ petition) and thereafter she was promoted on officiating basis w.e.f. 14.11.2003 by the order dated 20.11.2003 (Annexure-H/3 to the said writ petition) and regularised on the basis of the recommendation of the D.P.C. as the Sr. Lecturer w.e.f. 14.11.2003 by the order dated 8.11.2007 (Annexure-15 to the writ petition being W.P. (C) No. 284 of 2007).
6. The respondent No. 5 was also appointed on contract basis in the post of Lecturer by the order dated 30.10.1992 (Annexure-F/1 to the said writ petition being W.P. (C) No. 173(K) of 2007). She was regularized w.e.f. 15.1.2001 by the order dated 28.3.2001 and thereafter she was promoted on officiating basis to the post of Sr. Lecturer w.e.f. 14.11.2003 by the order dated 20.11.2003. On the recommendation of the D.P.C., her service was regularised in the cadre of Sr. Lecturer w.e.f. 14.11.2003.
7. The respondent No. 6 was appointed initially as the Lecturer on deputation basis by the order dated 18.2.1993 (Annexure-F/2 to the said writ petition) and got absorbed as the Lecturer w.e.f. 15.1.2001 by the order dated 28.3.2001 (Annexure-G to the said writ petition). He was also promoted as Sr. Lecturer on officiating basis
