JUDGMENT :

Nelson Sailo, J.

1. This Order will dispose of the 2 (two) writ petitions. Both the writ petitions are filed by the same petitioner and since the outcome of WP (C) No. 152/2020 will govern WP (C) No. 49/2021, WP (C) No. 152/2020 is taken up for consideration first.

2. The case of the petitioner is that the District Industries Centre Scheme (Scheme) was launched by the Central Government in the year 1987 with instructions to all the States in the Country to implement the said scheme. In terms of the Letter dated 16.11.1984 of the Director, Office of the Development Commissioner, Small Scale Industries, Ministry of Industry, the staffing pattern for each District Industries Centre (DIC) was provided as 1 (one) General Manager, 4 (four) Functional Managers and 3 (three) Project Managers. In terms of the Scheme, DIC's were established in the State and the posts of General Managers and Functional Managers were created for the DICs. However, only one post of Project Manager (Chemical Engineering) Class-I Gazetted was created vide Letter dated 07.10.1985 and against it, one person was appointed on deputation vide Notification dated 05.11.1985 (Annexure-4). The said person was subsequently absorbed vide Notification dated 08.03.1988 (Annexure-5) and consequently, promoted to the post of Director vide Notification dated 30.04.2015 (Annexure-6). It is the case of the petitioner that this person was treated as a cadre member of the Department and was included in the seniority lists that was issued from time to time.

3. The petitioner who is a graduate in Chemical Engineering, on the basis of a selection process was appointed as Project Manager Class-I (Gazetted) under the Industries and Commerce Department vide Notification dated 24.09.2002 in the scale of pay of Rs. 8500-14200/- per month with all other allowances as admissible under the Rules. She was appointed to the post which was under the direct recruitment quota through the Nagaland Public Service Commission (NPSC). The appointment was on ad-hoc basis for 3 (three) months and subject to extension till it was filled up through the NPSC. Subsequently, the ad-hoc services of the petitioner was regularized vide Notification dated 22.07.2008 (Annexure-8) w.e.f. 09.07.2008.

4. As the service in the Department of Industries and Commerce is governed by the Nagaland Industries Service Rules, 1986 (Service Rules of 1986), members of the Nagaland Industrial Extension Officers and Inspectors Association (Association), being aggrieved by the regularization of the services of the petitioner, filed WP (C) No. 126(K)/2008 before this Court. The claim of the Association in respect of the petitioner was that the post in which she was appointed was a promotional post meant for Extension Officers/Inspectors in terms of the Service Rules of 1986. According to the petitioner, this Court vide Judgment and Order dated 08.10.2010 found that the post against which the petitioner was appointed was not a promotional post and the appointment of the petitioner did not intrude into the promotional cadre in any way. The petitioner further contends that the issue in the said writ petition filed by the Association was solely as to whether the appointment of the petitioner and others as Assistant Directors was within the purview of the promotional quota meant for Extension Officers/Inspectors as contemplated by the Service Rules of 1986.

5. In the year 2011, vide Letter dated 26.07.2011 (Annexure-10) the final seniority list of Gazetted Officers from the post of Assistant Directors to the post of Director was published. The name of the petitioner was placed at Serial No. 35. Thereafter, by an Office Memorandum dated 21.10.2013, the tentative seniority list of Gazetted Officers in the Department as on 01.07.2013 was published and the name of the petitioner appeared at Serial No. 12. Against this list, the Association submitted a Representation dated NIL and the issue raised was discussed in a Meeting held on 14