Prasanta Kumar Saikia, J.

1. This proceeding under Article 226 of the Constitution of India has been initiated seeking following relief's:-

"In the premises aforesaid it is most respectfully prayed that your Lordship may be pleased to admit this petition, call for the records, issue Rule calling upon the respondents to show cause as to why a writ as prayed for should not be issued calling upon the respondent to show causes as to why-

1. The Cabinet decision dated 18.12.12, in respect of Agenda No. 13, approving for absorption of the deputation service of the respondent No. 7.

2. The impugned Notification dated 25.3.2013 (Annexure-I to the writ petition) should not be set aside and quashed and upon cause or causes being shown, and after perusing the records and hearing the parties, your Lordship may be pleased to set aside and quashed.

And further direct the respondent authorities to fill up the post of OSD (Skill Development) strictly in accordance with the Rules by way of promotion.

And/or be further pleased to pass such other order or orders as your Lordship may deem fit and proper."

The facts necessary for disposal of the present proceeding, in brief, are that the petitioners herein are the officers under the Planning and Coordination Department in short 'the department'. They were directly recruited to the post(s) of Planning Officer/Assistant Planning Officer/Planning Assistant and they were so recruited through the Nagaland Public Service Commission, for short, the NPSC. The service conditions of the officers/employees are governed by the Draft Service Rules, known as the Nagaland Planning Machinery Service Rules, 2010 (in short, 'the Rules of 2010'), copy of which is attached at Annexure-B to the affidavit-in-reply.

2. Heard Mr. C.T. Jamir, learned Senior Counsel for the petitioner. Also heard Mr. K. Sema, learned Addl. Advocate General for the State respondents as well as Mr. A. Zhimomi, learned counsel appearing for the private respondent No. 7.

3. As per the said Rules, the posts of Assistant Development Commissioner (in short, the ADC) or equivalent posts are to be filled up by promotion alone, and that too, from the feeder posts specified in the Rules of 2010. Under the Rules aforementioned, there is no provision for appointment to the post of ADC on deputation basis. Any attempt to fill up those posts by way of deputation, therefore, would result in violation of the Recruitment Rules aforesaid and consequently, same would be liable to be declared illegal.

4. In 2011, an ex-cadre post of Officer on Special Duty (Skill Development), (in short, the OSD), equivalent in rank and status to the post of ADC under the Planning and Coordination Department was created. Said post was created on getting approval from P&AR and Finance Department and the Post Creation and Up-gradation Committee, vide Annexure-A and Annexure-B to the writ petition. Vide order dated 16.11.2011 of Annexure-C to the writ petition, respondent No. 7 was appointed to the post of OSD (Skill Development) Class-1 Gazetted purely on deputation basis for a period of two years.

5. In the meantime, the Department had prepared a Cabinet Memo dated 18.12.2012 at Annexure-D to the writ petition requesting the Cabinet to take following decisions:-

(i) The post of OSD (Skill Development) ex-cadre under the Planning and Coordination Department to be made permanent subject to post facto approval of P&AR Department, Finance Department and the Post Creation and Up-gradation Committee,

and

(ii) To allow the present incumbent Smti I. Sino Phom (respondent No. 7) to continue on deputation for another period of two years.

6. The Cabinet considered the Memo aforementioned writs meeting held on 18.12.2012. The suggestion of the department to make the post' of OSD permanent was accepted by the Cabinet. However, the suggestion that respondent No. 7 be allowed to work as OSD