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2017 Supreme(Gau) 408
IN THE GAUHATI HIGH COURT (ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
L.S. JAMIR & SONGKHUPCHUNG SERTO, JJ.
Smti. Megoriano N. Iralu Sr. Lecturer, Science & Ors. - Appellants
Versus
Smti. Lichumbeni Kikon W/o. Er. Myamo Jami. Lecturer & Ors. – Respondents
W.A No. 4 (K) of 2016.
Decided On : 22-05-2017
For the Appellants : Mr. C.T. Jamir, Sr. Adv, Mr. Wati Jamir, Mr. N. Longkumer, Mr. Imkong Jamir, Mr. Pokyem Yaden, Ms. Chubatola, Advs.
For the Respondents:Mr. R. Iralu, Sr. Adv., Mr. K.L. Solo, Ms. Mhabeni, Advs., Ms. V. Suokhrie, Addl. Sr. Govt. Advocate, Mr. Imti Longjem, Adv.
Headnote:
Writ Appeal - Employment – Employee – Education - Appellants and respondents applied for the posts of Lecturers in different fields – Another tentative seniority list of the officers under DIET was circulated vide Circular , and in that the appellants were shown above the respondents - Respondents submitted their representation objecting the tentative seniority list - Being aggrieved by the said final seniority list, the respondents approached this Court, wherein a prayer was made for quashing or setting aside the letter of NPSC –Held, Viewing all these facts and circumstances in the light of the judgments cited by the learned counsel for the appellants, Court are of the view that no delay has been committed by the respondents in filing their writ petition - More so, because nothing appears to have taken place in the service of the parties based on the seniority list, therefore, we are in agreement with the conclusions drawn by the learned Single Judge - Appeal dismissed
S.Serto, J.
1. This writ appeal is directed against the judgment and order dated 20.04.2016, passed by the learned Single Judge in W.P.(C) No.163(K)/2013.
2. The facts which led to the filing of this writ appeal briefly stated are as follows;
That on requisition made by the Nagaland State Council Educational Research and Training (which shall hereinafter be referred to SCERT), Nagaland Public Service Commission, (which shall hereinafter be referred to NPSC) issued an Advertisement No. 5/2004-2005, dated 17.02.2005, inviting applications for filing up vacancies in various posts under Higher Education department and under SCERT. Pursuant thereto, the appellants applied for the posts of Lecturer in Science and Social Science and the respondents/writ petitioners applied for the post of Lecturer in English. Thereafter, the NPSC vide Notice No. NPSC/CON-16/2004, dated 13.05-2005, notified the list of selected candidates and informed the candidates to appear for the viva voce on 21.06.2005 for Lecturer post in English, on 22.06.2005 for the Lecturer post in Education, on 27.06.2005 for the post in Science and on 28.05.2005 for Lecturer post in Social Science. The same was followed with individual calling letters. In that notification, the names of the appellants as well as the names of the respondents/writ petitioners figured among the selected candidates. Thereafter, viva voce for all other subjects was held on the dates as fixed but for the English subject it was not held on the date fixed due to a litigation before this High Court, however, it was ultimately held on 01.10.2005. The result of the appellants’ viva voce was declared vide notification dated 29-6-2005 and that of the respondents was declared on 01.10.2005. Thereafter, they were recommended by the NPSC for appointment and their appointment was issued on the same day.
That while the appellants and the respondents were serving in their respective posts, the SCERT vide O.M. No. EDS/DIET-1/05(Pt), dated 17.11.2006, notified a final seniority list of officers serving under the SCERT/DIET as on 01.07.2006, and in that the names of the appellants figured at Sl. No. 9, 10, 11, 12, 13 and 16 respectively whereas, the names of the respondents/writ petitioners figured at Sl. No.17 to No.22. Due to implementation of the Nagaland Retirement from Public Service (Second Amendment) Act, 2009, the department felt the need to update the seniority list of the officers of the department, therefore, the Director, SCERT vide letter No. SCERT/ADM-8/2009-10, dated 28.09.2010, circulated the tentative seniority list of officers under DIET and invited objections or claims, if any, which should be submitted by 08.10.2010. In that tentative seniority list, (in the Lecturers’ column) the names of the appellants were shown at Sl. No. 20, 21, 22, 23, 24 & 25 respectively, while the names of the respondents/writ petitioners were shown at Sl. No. 26, 27, 28, 29, 30 & 31 respectively. The respondents/writ petitioners submitted a joint representation against the said tentative seniority list on 09.04.2012, which is after about a lapse of 2 years from the date the tentative seniority list was issued. However, the State respondents acted on the representation and requested the NPSC vide letter dated 01.05.2012, to furnish the merit list of DIET, Lecturers as per the examination conducted pursuant to the Advertisement dated 17.02.2005. On receipt of the same, the NPSC furnished the merit list as requested. Thereafter, another tentative seniority list of the officers under DIET was circulated vide Circular dated 31.07.2012, and in that the appellants were shown above the respondents/writ petitioners. Once again, the respondents/writ petitioners submitted their representation objecting the tentative seniority list. However, the final seniority list was published vide O.M No. DSE/DIET/SL-74/2012, dated 12.09.2012.
3. Being aggrieved by the said final seniority list, the respondents/writ petitioner
