ORDER :

MANISH CHOUDHURY, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the decision of the State respondents in fixing his seniority in the cadre of Lower Division Assistant (LDA), subsequently re-designated as Junior Secretariat Assistant (JSA), in Nagaland Secretariat Service (NSS) w.e.f. 29.06.2007, instead of w.e.f. 29.06.2006, thereby, placing his inter se seniority position below the respondent Nos. 5 to 50.

2. I have heard Mr. C.T. Jamir, learned senior counsel assisted by Ms. Nukshinaro, learned counsel for the petitioner. Also heard Ms. S. Mere, learned Government Advocate for the State respondents and Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong learned counsel for the respondent Nos. 5 to 44.

3. Before proceeding further, a brief narration of facts leading to the institution of the writ petition is necessitated. By an order dated 17.12.2003 issued under the hand of the Additional Chief Secretary (Home), Home Department, Secretariat Administration Branch, Government of Nagaland, the petitioner came to be appointed to the post of Account Assistant, a post transferred from the erstwhile Nagaland Workshop Organization Office and attached to the Nagaland Civil Secretariat, Home Department, in the scale of pay of Rs. 4,125 - 7,475/- p.m. plus other allowances from the date of his joining in the post. The said order further mentioned that the appointment was made against the post vacated by one Smti. Zaseie-u Angami on her retirement from service on superannuation on 31.10.2003 and was on temporary basis, subject to regularisation through D.P.C. in course of time.

4. A proposal was mooted on 15.09.2005 by the Personnel & Administrative Reforms (P.&A.R.) Department advising the Home Department to move for permanent absorption/encadrement of those 5 (five) posts which were in the erstwhile Nagaland Workshop Organisation, into the Nagaland Secretariat Service (NSS), subject to up-gradation of post. Such proposal was made as without permanent absorption/encadrement into the NSS, those posts were maintained as District-level staffs, which arrangement was termed undesirable. It was further advised to ensure regularisation of the incumbents in their respective posts by following the laid down procedure and to propose the manner by which the inter se seniority would be decided upon absorption/encadrement into the Secretariat. By a Memorandum dated 06.10.2006, it was agreed by both the P.&A.R. Department and the Finance Department to encadre the post of Account Assistant, held by the petitioner, into the NSS as Lower Division Assistant (LDA) in the same scale of pay and to count the seniority w.e.f. 17.12.2003 i.e. the date of the petitioner's appointment to the post of Account Assistant. The petitioner was asked to give option either to remain in the ex-cadre post or to accept the proposed encadrement. The petitioner opted for the proposed encadrement into the NSS as LDA in writing. Pursuant to exercise of option by the petitioner, a Cabinet Memorandum was prepared on 15.05.2007 for up-gradation and conversion of posts. Amongst others, the Home Department sought consideration and approval of the Cabinet on the point as to whether the post of Account Assistant, held by the petitioner, be converted to LDA and to encadre it into the NSS along with the incumbent petitioner, and as to whether his seniority be counted from the date of his appointment i.e. 17.12.2003. The Cabinet held its meeting on 29.06.2007 and approved the up-gradation and conversion of post of District LDAs and Account Assistant in the Secretariat and absorption of their services into the NSS/NSSS. The Cabinet further observed that their inter se seniority shall be determined on the ratio 3:1, as notified by the Government. The decision of the Government to sanction up-gradation and conversion of one post of Account Assistant to that of LDA in the NSS along with the incumbent in the Nagaland Civ