SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(Gau) 571

GAUHATI HIGH COURT
P.K.Musahary, J.
Keruupfeu -Appellant
Versus
State of Nagaland & Ors. -Resopndent
WP(C) No. 173(K) of 2007
Decided On : 01-07-2011

Advocates Appeared:
Advocates appeared for the Petitioner:Mr. Kekrien Guile & Mr. Y. Theyo, Advocates appeared for the Respondents:Mrs. Y. Longkumar, Addl. Sr. GA, Mr. C.T. Jamir, Sr. Advocate, Mr. Wati Jamir, Mr. N. Longkumar, Mr. Akmn Jamir & Mr. Wati Temjen

Headnote:

Nagaland Economics and Statistics Service Rules, 1973 - Rules 14 - Contract - Appointment - Petitioner was appointed as - Lecturer on contract basis for a period of one year vide an order which was extended from time to time till her contract service was regularized by an order pursuant to Memoranda - But regularization was made effective from - By an order Government decided to grant past contract service benefits to those employees regularized in accordance with aforesaid Memoranda ratio said benefit as denied petitioner – Held, case, the petitioner on her own statements and pleadings admitted that she does not belong to the same stream to which private respondents belong in stream of Lecturers - petitioner belongs to stream - Thus petitioner and private respondents cannot be regarded as Lecturers of same stream - case actual issue relates to encadrement and regularization in the post of Sr. Lecturer - It has been discussed and found that the service of the private respondents were regularized before service of the petitioner was regularized and they have been encarded earlier to the petitioner in the post - Petitioner in belongs to stream - Thus petitioner and the private respondents cannot be regarded as Sr. Lecturers of same stream - Petitioner having been encoder subsequent to private respondents cannot claim seniority - Moreover regularization of petitioner as Sr. Lecturer was done as per approval of Cabinet which is accepted rules and procedures as her case was never placed before and recommended by whereas regularization of services private respondents Lecturers were done as per recommendation of constituted by Government and there was no irregularity in such regularization – Respondent authorities therefore committed no irregularities or mistake in preparing and publishing impugned seniority list showing inter se seniority position of petitioner and private respondents placing petitioner as junior to private respondents in cadre of Lecturers – Petition dismissed

P. K. Musahary, J.-

Heard Mr. Kekriengulle, learned counsel for the petitioner. Heard also Ms. Y. longkumar learned Addl. Senior Government Advocate and Mr. C. T. Jamir, learned Se­nior Advocate assisted by Mr. Wati Jamir, learned counsel appearing for the respondent Nos. 3 to 7.

2. The petitioner was appointed as Sr. Lec­turer on contract basis for a period of 1 (one) year vide an order dated 30.03.1993 which was extended from time to time till her con­tract service was regularised by an order dated 15.06.2005 pursuant to Memoranda dated 18.02.2004 and 12.05.2004. But regularization was made effective from 16.01.2004. By an order dated 16.11.2006, the Government decided to grant past con­tract service benefits to those employees regularised in accordance with the aforesaid Memoranda dated 18.02.2004 and 12.05.2004 in the ratio of 3:1. The said ben­efit as denied to the petitioner.

The petitioner alleged that contract ser­vices of respondent Nos. 4 and 5 as Lectur­ers was regularized by an order dated 28.03.2001. The respondent Nos. 3, 6and 7, who were on deputation, were absorbed by an order dated 28.03.2001, with retro­spective effect from 15.01.2001. By an or­der dated 20.09.2002, the respondent No. 3, was given officiating promotion to the post of Sr. Lecturer with retrospective effect from 20.01.2001. By another order dated 02.09.2002, the respondent No.2, who was appointed on deputation to the post of Sr. Lecturer, was absorbed with retrospective effect from 08.04.97. The respondent Nos. 6 and 7 were also given officiating promo­tions to the post of Senior Lecturer with ret­rospective effect from 20.01.2001. By and order dated 20.11.2003 similarly, the respon­dent Nos. 4 and 5 were given officiating pro­motion by an order dated 20.11.2003 with retrospective effect 14.11.2003. However, the promotion of private respondents to the post of Lecturer was made subject to regularization by the Departmental Promotion Committee (for short 'DPC') and till date, except respondent No. 3, officiating promo­tion of other respondents, is yet to be regu­larized. The officiating promotion of respon­dent No.3 to the post of Sr. Lecturer stood regularized with retrospective effect from 20.01.2001 issued under notification dated 10.03.2005.

3. A tenative Seniority list o f the officers of SCERT/D1ET was published on 01.08.2006, in which the petitioner was placed below the respondents in the grade of Sr. Lecturer, despite the fact that the pri­vate respondents are still on officiating pro­motion.

4. Against the aforesaid tentative Senior­ity list, the petitioner submitted representa­tion but without considering the grievances of the petitioner, the final select list was prepared by an O.M. dated 17.31.06 placing the peti­tioner below private respondents, thereby the respondent Nos. 3 and 6 were again given further officiating promotion to the post of Principal, DIET, without considering the petitioner's case, through she is Senior to the said respondent Nos. 3 and 6 in rank as Sr. Lecturer. In the aforesaid background of the case, the petitioner has filed this writ petition for quashing and setting aside the following orders :-

(a) Order dated 20.09.2002 granting initiating promotion to the private respon­dents to the post of Sr. Lecturers with ret­rospective effect from 20.01.2001;

(b) Order dated 10.03.2005 regular­izing the services of Respondent No. 3 with retrospective effect from 20.01,2001;

(c) Order dated 20.11.03 giving ret­rospective officiating promotion to the post of Sr. Lecturer w.e.f. 20.01.2001 in re­spect of respeondent Nos. 6 and 7;

(d) Officiating promotion order dated 22.01.07 in respect of respondent Nos. 3 and 6 to the post of Principal, DIET;

(e) Final seniority list dated 17.11.2006 as on 01.07.2006 and re-adjustment in the final seniority list and for consideration of petitioner's promotion to the post of Prin­cipal, DIET and;

(f) the benefits of past contract service pursuant to the order dated 16.11.2006.

5. As against the afor






























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top