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2014 Supreme(Gau) 510
IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Prasanta Kumar Saikia, J.
T. Wati AO – Appellant
Vs.
State of Nagaland and Ors. – Respondent
W.P. (C) No. 209 (K) of 2011
Decided On: 06.02.2014
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. N. Mozhui, Ms. Irane Vizo, Ms. K. Kire, Mr. L. Likhase Sangtam and Ms. Chubaienla
For Respondents/Defendant: Mr. K. Sema, Addl. A.G.
Headnote:
Constitution of India, 1950 – Article 309, 14, 16 – Fixation of Seniority List – Prayer made is to Quash and Set Aside impugned Letter fixing the seniority of the petitioner from the date of his encadrement to the Department, Impugned final seniority list of the Directorate of Industries & Commerce in so far it relates to the petitioner and the respondent Nos. 6 to 12, Impugned Notification granting officiating promotion to respondent Nos. 6, 7, 8, 9 and 10 – Direct the State respondents to restore the seniority of the petitioner w.e.f. 14.07.1988 in view of the Notification and Letter – And in the interim pending disposal of the Rule be pleased to stay the operation of the Impugned Letter – Impugned final seniority list and Impugned Notification – Held, Court have found that the petitioner has approached this Court with huge delay. – Such delay, in the facts and circumstances of the case and also of the law laid down by the Apex Court of the Country, comes in the way of granting relief to the petitioner – On this count also, the petitioner case is liable to be dismissed. – Court held that the Government policy giving one year of ante for every three years of past service, rendered on contract/adhoc basis subject to maximum four years is violative of Article 309 of the Constitution of India and as such, said policy was turned down – Court is of the opinion that the contention of the petitioner that he is senior to the private respondent No. 6 to 12 is found unsustainable in law and as such, none of the relief, which he has claimed in the present proceeding can be granted to him. – Proceeding Dismissed
Prasanta Kumar Saikia, J.
1. This proceeding has been filed with the following prayer:-
In the premises aforesaid, it is respectively prayed that Your Lordships would graciously be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show cause as to why a writ of Certiorari and/or Mandamus and/or any other appropriate writ, order or direction should not be granted and upon cause or causes being shown be pleased to make the Rule absolute in the following terms:--
A. Quash and set aside:
1. Impugned Letter dated 04.07.2011 (Annexure-24) fixing the seniority of the petitioner from the date of his encadrement to the Department i.e. 24.04.2002
2. Impugned final seniority list dated 26.07.2011 (Annexure-25) of the Directorate of Industries & Commerce in so far it relates to the petitioner and the respondent Nos. 6 to 12
3. Impugned Notification dated 20.08.2011 (Annexure-27) granting officiating promotion to the respondent Nos. 6, 7, 8, 9 and 10.
B. Direct the State respondents to restore the seniority of the petitioner w.e.f. 14.07.1988 in view of the Notification dated 09.09.1994 (Annexure-11) and Letter dated 28.08.2008 (Annexure-20).
And in the interim pending disposal of the Rule be pleased to stay the operation of the Impugned Letter dated 04.07.2011
(Annexure-24); Impugned final seniority list dated 26.07.2011 (Annexure-25) and Impugned Notification dated 20.08.2011 (Annexure-27).
Heard Mr. N. Mozhui, learned counsel for the petitioner. Also heard Mr. K. Serna, learned Additional Advocate General, Nagaland appearing for the State respondents.
2. The facts which have emerged from the writ petition and which are necessary for disposal of the present proceeding, in brief, are that the petitioner was initially appointed as Horticulture Officer under the Department of Agriculture, vide Notification dated 7.1.1981. Subsequently, the Nagaland Plantation Corps Development Corporation Limited, in short, NPCDC Ltd., a Government of Nagaland undertaking, came into being and petitioner was appointed as Assistant Plantation Officer, vide order dated 31.10.1981.
3. While working as above, the petitioner was promoted to the post of the Plantation Manager. Subsequently, by corrigendum dated 14.05.1994, the pay scale of the petitioner as Plantation Officer was upgraded to that of the Deputy Director since the post of Plantation Manager is equivalent to the post of Deputy Director. Meanwhile, the Government of Nagaland had decided to wind up the NPCDC Ltd. and a High Power Committee, (for short, the HPC), was constituted for absorption of the employees of the defunct the NPCDC Ltd. in various other Departments.
4. The HPC deliberated on the issue of absorption of employees of the NPCDC Ltd. and by its Minutes of 2nd Meeting, held on 09.07.1993, the HPC recommended, amongst other things, the absorption of petitioner as the General Manager/Deputy Director in the Directorate of Industries & Commerce by creating a post. On receipt of recommendation of the HPC, the P&AR Department examined the recommendations in the light of other relevant factors.
5. On making a such examination, the P&AR Department found the recommendations acceptable and thereafter, by its noting dated 08.09.1993, the Department submitted its views as under:--
2. As far as seniority is concerned, the staff should be treated as belonging to a Private Organization subsequently absorbed in Government. The normal principle should be 1 year of ante-date for every 3 years of service in NPCDC. By this no employees will be able to get more than 4 years of ante-date.
6. The matter relating to absorption of NPCDC employees were placed before the Cabinet and by Office Memorandum dated 07.04.1994, the Cabinet gave its approval for absorption of employees of erstwhile NPCDC Ltd. under various Departments and thereafter, vide letter dated 09.09.1994, the Government of Nagaland accorded sanction for creation of one post of Deputy Director/General Manager
