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2021 Supreme(Gau) 408

IN THE HIGH COURT OF GAUHATI (KOHIMA BENCH)
Songkhupchung Serto, J.
Vibizuonuo Ndang and Ors. - Appellants
Vs.
The State of Nagaland and Ors. - Respondent
WP(C) 11, 41/2019, 190/2020, 21, 24 and 42/2019
Decided On : 12-03-2021

Advocates:
Advocate Appeared:
For the Appellant : C.T. Jamir, Sr. Adv., A. Zho, Adv., Taka Masa, Sr. Adv.
For the Respondents: Govt. Adv.

Headnote:

Constitution of India,1950 - Article-14 and 16 - Rules of 2014 – 5,6 ( 3) – Equal Of Law - Employment or Appointment - Petitioner was appointed to post of Tourist Officer with a scale of pay and all allowances admissible from time to time on temporary basis against sanctioned post vide order issued by Secretary to Government of Nagaland, Tourism Department and his service was regularized by another order vide, issued by Commissioner & Secretary, Government of Nagaland, Tourism Department - However, his service was terminated vide termination order without being given any notice or a chance of being heard - Held, As for and regarding pay and allowances of petitioners, it appears that petitioners were not allowed to join their Offices in spite of their appointment orders but, they were allowed to join only after interim stay order was granted - Therefore, Respondents shall verify their attendance in attendance registers of their respective Offices and pay them only for days they attended Office – Court find no ground or reason to uphold such appointment orders or to protect them even for a moment for sake of issuing a show cause notice or for giving a chance of being heard. - Petition disposed

JUDGMENT :

Songkhupchung Serto, J.

1. These six writ petitions have been taken up together since all the petitioners belong to the same Department i.e. Tourism Department, Government of Nagaland and the issues involved are similar.

2. W.P.(C) No. 21/2019 and W.P.(C) No. 190/2020 are filed by the same person namely, Kevingutuo Sekhose. In the first writ petition i.e. W.P.(C) No. 21/2019, the petitioner is challenging the termination order of his service as Tourism Officer and in the second writ petition i.e. W.P.(C) No. 190/2020 he is praying for a direction directing the respondents to release his pay and allowance from the date of his joining the service till date.

From the record it appears that the petitioner was appointed to the post of Tourist Officer (Class-II Gazetted) with a scale of pay and all allowances admissible from time to time on temporary basis against sanctioned post vide order No. TRSM-01/01/2009/441, dated 04/06/2016, issued by the Secretary to the Government of Nagaland, Tourism Department and his service was regularized by another order vide No. TRSM/ESTT-2/11/2009, dated 06/12/2017, issued by the Commissioner & Secretary, Government of Nagaland, Tourism Department. However, his service was terminated vide termination order No. TRSM/ESTT-1/1/2019, dated 29/01/2019 without being given any notice or a chance of being heard. The termination order reads as follows;

    "GOVERNMENT OF NAGALAND

TOURISM DEPARTMENT

NAGALAND: KOHIMA

No. TRSM/ESTT-1/1/2019 Dated Kohima the 29th January, 2019

To

Shri Kevingutuo Sekhose

WHEREAS you were appointed as Tourist Officer under the Department of Tourism vide Order No. TRSM-1/1/2009, dated 4th June, 2016.

AND WHEREAS, your appointment as Tourist Officer have been investigated by the Vigilance Commission, Directorate of Vigilance & Anti-Corruption Police, Nagaland, and found out that you have been illegally appointed by Tourism Department in gross violation of established Government norms and procedures.

AND WHEREAS, Department of Personnel & Administrative Reforms (Personnel 'A' Branch) has conveyed the decision of the Government to terminate your service vide letter No. PAR-A/13/13-AIS, dated 16th January, 2019.

NOW, therefore, the appointment order No. TRSM-1/1/2009, dated 4th June, 2016 is hereby nullified and your service stands terminated with immediate effect.

Sd/-

(T. MHABEMO YANTHAN)

Secretary to the Government of Nagaland"

Aggrieved by the termination order, the petitioner approached this Court by filing W.P.(C) No. 21/2019 and it was moved on 13/03/2019. This Court, in the interim stayed the operation of the termination order till the next returnable date. Thereafter, the interim order was allowed to continue. While the above stated writ petition was still pending, the petitioner filed the second writ petition i.e. W.P.(C) No. 190/2020 stating that inspite of the interim stay of the termination order, he has not been paid his salary and allowances, therefore, the respondents may be directed to pay the same.

3. W.P.(C) No. 11/2019 is also filed by a similarly situated person like the petitioner in the earlier writ petition. The petitioner in this writ petition was also appointed as Tourism Officer by order No. TRSM-1/1/2009/440, dated 04/06/2016, issued by the Secretary to the Government of Nagaland, Tourism Department on the same terms and conditions as the first writ petitioner and her service was also regularized in the same way as the earlier writ petitioner vide order No. TRSM/ESTT-2/10/2009, dated 06/12/2017, issued by the Commissioner & Secretary to the Government of Nagaland, Tourism Department. The service of this writ petitioner was also terminated in the same manner and with the same language used in the case of the earlier writ petitioner vide order No. TRSM/ESTT-1/1/2019, dated 29/01/2019, issued by the Secretary to the Government of Nagaland, Tourism Department. Being aggrieved that her service was terminated without being given any notice and a chance of being heard she i

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