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2011 Supreme(Gau) 815

A.K.GOSWAMI
Supongmayang and anr – Appellant
Versus
Commissioner and Secretary, Government of Nagaland, Department of Industries and ors – Respondent


Advocates Appeared:
Mr. C.T. Jamir, Mr. Wati Jamir, Mr. N. Longkumer, Mr. Akum Jamir, Mr. Wati Walling , Mr. Imkong Jamir for the petitioners.
Mr. A. Zhimomi, Mr. Imti Longjem, Mr. N. Mozhui, Mr. S.M. Ozukum, Ms. Lydia, Mr. Joshua, Mr.Tokivi, Mr. Aloto, Mr. K. Newmai, Mr. R. Iralu, Mr. K.1. Solo, Ms. Alemla, Ms. Chemtila , Ms. Seyie for the respondents.

1. By this application under article 226 of the Constitution of India, the writ petitioners, two in number, have prayed for quashing of the appointment orders dated 30.6.2011 issued in favour of the respondent Nos. 3 to 12 (Annexure HI to Annexure H10) and for a direction to the respondent authorities to consider the case of the petitioners for promotion under 25% reserved quota for departmental promotion as provided under the Service Rules.

2. The case, as set out in the writ petition is that, the service conditions of the petitioners, who are Upper Division Assistants ('UDA'), in the Department of Industries and Commerce, is governed by the Nagaland Industries Service Rules, 1986 ('the Rules'). The post of UDA comes under the ministerial staff and 75% of the posts of Inspector/Extension Officer is to be filled up by direct recruitment and 25% by departmental promotion by selection from amongst the senior most confirmed staff of the lower grade having knowledge in the line with 8 years experience (minimum) in any trade. It is also stated that 25% of posts meant for promotional quota is to be filled up from the eligible ministerial staff amongst the UDAs and Lower Division Assistant





























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