JUDGMENT :

ARUN DEV CHOUDHURY, J.

1. Heard Mr. I. Apok Pongener, the learned counsel assisted by Ms. Anungla, the learned counsel for the petitioner. Also heard Mr. T.B. Jamir, the learned Senior Additional Advocate General for the State respondents, Mr. C.T. Jamir, the learned intervenor assisted by Mr. I. Imchen and Mr. A. Zhimomi, the learned counsel for the respondent No. 8.

2. The present petition is filed by the petitioner challenging the following:

(I) Notification dated 20.09.2006 issued by the Planning and Coordination Department re-designating the post of Asst. Architect in the department of Works and Housing to that of the Asst. Town Planner in the planning and Coordination Department, creation of the post of Asst. Town Planner (re-designated from Asst. Architect).

(II) Incorporated in Schedule-II of the Nagaland Town and Country Planning Service Rule 2004 and appointment of the respondent No. 8 in the re-designated post.

(III) The Officer memorandum dated 26.02.2010 issued by the Urban Development Department publishing the final seniority list of the gazette officers (Planners) as on 01.02.2010 in the Directorate of Urban Development.

3. As the Schedule-II of the Service Rules, 2004 was under challenge, the matter was placed before and taken up by the Hon’ble Division Bench. However, the challenge to the Service Rules, 2004 was withdrawn and a submission was made before the Hon’ble Division Bench that the petitioner will confine his challenge to the inter-se-seniority position between the petitioner and the respondent No. 8, the Division Bench by its order dated 26.10.2016, directed the present writ petition to be placed before the Single Bench. Accordingly, this matter is before this Court.

4. The dispute now to be determined is the inter-se-seniority between the petitioner and the respondent No. 8. The undisputed fact regarding the initial entry into service of both the petitioner and the respondent No. 8 are as under:

(I) On 17.01.2000, the respondent No. 8, after due selection by Nagaland Public Service Commissioner (in short NPSC) was appointed as Assistant Architect (Class I Gazetted), under the Nagaland Public Works Department and was posted as Assistant Architect in the office of the Chief Town Planner, Nagaland Kohima.

(II) Pursuant to a selection the petitioner was appointed on 19.03.2004 to the post of Assistant Town Planner (Class-I Gazetted) under the establishment of Urban Development Department and was posted as Assistant Town Planner, Junheboto.

(III) Thus, at the entry into the service, the parent department of the respondent No. 8 was Public Works Department and it is worth mentioning that at the time of appointment of the petitioner and the respondent No. 8, the Town Planning establishment was under Planning and Coordination Department but subsequently the same was brought under Urban Development Department.

5. On the basis of such background fact, the learned counsel for the petitioner Mr. I. Apok Pongener submits the following:

(I) The respondent No. 8 belongs to Public Works Department and she was selected and recruited under the said department. Therefore, even if she is posted under Town and Country Planning Department, her service is governed by the Nagaland Engineering Service Rules, and not the Service Rules, 2004.

(II) The respondent No. 8, all throughout remained as an employee of Work and Housing Department. In support of such contention, the learned counsel for the petitioner submits that even when the respondent No. 8 was posted under Urban Development Department, while going for higher studies the respondent sought permission from and was granted on 21.07.2000, by the Works and Housing Department, and after completion of such study the respondent No. 8 joined in her parent department i.e. Works and Housing Department on 22.02.2002. Accordingly, the learned counsel submits that for all meaning and purport, the respondent No. 8 remained as cadre under Works and Housing Department and her service co