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2019 Supreme(Gau) 1081

N.KOTISWAR SINGH
Augustine M. Yanthan – Appellant
Versus
State of Nagaland – Respondent


Advocate Appeared:
For the Appellant :S.S. Dey, Sr. Advocate, Limawapang, Moa Jamir and D.J. Kapil, Advocates
For the Respondent:K. Sema, Sr. Addl. AG, Livika, A. Zhimomi, Joshua, Esther, Vinitoli and Lhousino, Advocates

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. S.S. Dey, learned senior counsel assisted by Mr. D.J. Kapil, learned counsel for the petitioners. Also heard Mr. K. Sema, learned Sr. Addl. Advocate General, Nagaland assisted by Ms. Livika, learned Govt. Advocate for respondent Nos. 1 to 3 & 5 and Mr. A Zhimomi, learned senior counsel for respondent No. 4.

2. The present case has a chequered history, having made several forays before this Court on earlier occasions, and as such, it may be necessary to refer to certain background facts for a proper perspective of the issues raised in this petition.

3. The present petitioners are all employees of the Department of Planning and Coordination, Government of Nagaland, holding different posts of Assistant Development Commissioners, Planning Officers, Assistant Planning Officers and Planning Assistants.

4. In the aforesaid Department, the service rules or the recruitment rules for these various posts are yet to be finalized, which perhaps is also one of the reasons for the disputes which have arisen from time to time in this Department

As per pleadings, it is seen that certain draft service rules for various posts in the Department were notified on

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