JUDGMENT :

SONGKHUPCHUNG SERTO, J.

1. Heard Mr. Temjen, learned counsel appearing for the petitioners and also heard Ms. Inaholi, learned Government Advocate appearing for the state respondents. The brief facts and circumstances leading to the filing of this writ petition by the petitioners are as follows:

On 28.8.2017 an advertisement inviting eligible candidates for recruitment to 91 posts of Graduate Teachers in Mathematics subject and 53 posts of Graduate Teachers in Science subject was published by the Principal Director, School Education, Government of Nagaland and in that the scale of pay for the post advertised was given as P.B. Rs. 9,300-34,800 G.P. Rs. 4200/-. Thereafter, another advertisement was issued on 20.10.2017 by the same Principal Director inviting eligible candidates from 6 tribes of ENPO areas for filling up 23 post of Graduate Teachers in Mathematics and 13 post of Graduate Teachers in Science subject. However, in the second advertisement, no pay scale was given unlike in the first advertisement. Following the publication of the advertisement the petitioners applied for the post and they were selected by the Selection Board, and after their selection, appointment orders were issued on 18.9.2018 with the same terms and conditions but as for the pay and allowances it was clearly mentioned in the appointment orders that they shall be paid in the pay matrix level 9 plus all other allowances as admissible under the rules in Nagaland from time to time with effect from the date of joining the post. After receiving the appointment orders, the petitioners joined their respective post. But not being satisfied with the pay scale mentioned in their appointment orders, they submitted a representation dated 5.10.2018 to the Principal Secretary, School Education, Government of Nagaland and the Director of School Education, Government of Nagaland requesting them to rectify the same as per the pay scale mentioned in the first advertisement i.e. the advertisement dated 28.8.2017. Since no positive response was received they once again submitted another representation on 30.11.2018 to the same authorities. But this time also no positive response was received by them hence, they are here before this Court praying for issuance of appropriate writ or order or direction directing the respondents to pay their monthly salaries as per the pay scale mentioned in the first advertisement dated 28.8.2017.

2. The case of the petitioners as submitted by their learned counsel Mr. Temjen is as follows:

(i) That since the advertisement has specifically mentioned the scale of pay for the post of Graduate Teachers and, no further notification was issued changing or altering the same, the respondents are bound by the advertisement issued by them and they cannot change the same any longer, particularly when the examination has been conducted in pursuance of the advertisement and results have been declared.

(ii) That the respondents had committed illegality in having changed the pay scale of the petitioners inasmuch as no notice or opportunity was given to them before the same was given effect to.

(iii) That while giving higher scale to teachers who are appointed on contract basis, the pay of the petitioners have been lowered even though they are regularly appointed, therefore, the same is liable to be rectified.

(iv) That the two advertisements issued for recruitment to the post of Graduate teachers in the subjects; Mathematics and Science were issued on 28.8.2017 and 20.10.2017 under which the new pay scale was introduced whereas the Nagaland School Education Service Rules 2017 came into force only on 29.11.2017. Therefore, the provisions of the Rules could not have been applied in the case of the petitioners since doing so would mean applying the same retrospectively.

3. The learned counsel for the petitioners referred to some judgments of the Hon’ble Supreme Court in support of his submission and the same are reproduced here-below:

(1) Secretary A.P.