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
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
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
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.