JUDGMENT :

1. Heard Mr. C.T. Jamir, learned Senior Counsel assisted by Mr. I. Imchen, learned counsel for the petitioners and Mr. T.B. Jamir, learned Senior Addl. Advocate General for the respondent Nos. 1 & 2. Also heard Mr. Taka Masa, learned Senior Counsel assisted by Mr. Sentilong, learned counsel for the respondent No. 3.

2. Claiming to have a common and identical grievance, the 4 petitioners have joined hands to file the instant writ petition. They have assailed the Office Memorandum dated 01.11.2021 (Annexure- D) by which the respondent No. 1 has directed restructuring of the cadre of the up-graded post of Addl. Secretary (TPT) held by the respondent No. 3 by encadrering the same to the 3rd Schedule –A from the 3rd Schedule-D of the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1999 (Rules of 1999) as amended in 2012. Upon such encadrement, the respondent No. 3 is to be accommodated against the substantive post of Addl. Secretary, subject to availability of vacant post. The petitioners have also assailed the Notification dated 01.11.2021 (Annexure-E) by which upon the restructuring and encadrement through the Office Memorandum dated 01.11.2021, the service of the respondent No. 3 was regularized as Addl. Secretary (Transport) against the sanctioned post of Addl. Secretary, Nagaland Legislative Assembly (the Assembly) with effect from forenoon of 01.11.2021.

3. Brief facts of the case as projected by the petitioner is that they are regular employees under the Assembly Secretariat. The petitioner No. 1 is the seniormost Joint Secretary who is to become eligible for promotion to the post of Addl. Secretary on 27.11.2021. Be it stated herein that the writ petition was filed by the petitioners on 24.11.2021. The petitioner No. 2 is the Deputy Secretary in the Assembly Secretariat and will become eligible for being included in the zone of consideration for promotion to the post of Joint Secretary upon the retirement of the 2 seniormost incumbents due to retire on 28.02.2022 and 31.01.2022. As for the petitioner No. 3, he is the seniormost Under Secretary of the Assembly Secretariat and eligible to be promoted to the post of Deputy Secretary as and when vacant post arises. Similarly, the petitioner No. 4 is also the seniormost in the post of Section Officer and is eligible to be considered for promotion to the next higher post of Under Secretary as and when vacancy arises. According to the petitioners, once the vacancy in the highest post is filled up, they are eligible to be considered for promotion in the resultant chain vacancies in the next lower post concerned. They contend that the Departmental Promotion Committee (DPC) constituted under the Rules of 1999 as amended in 2012 is required to consider all eligible candidates who are within the zone of consideration for promotion to the next higher post but in the instant case, without doing so, the respondent authorities have filled up the post of Addl. Secretary by promoting and regularizing the respondent no. 3 in violation of all the norms and rules.

4. The petitioners contend that the pre-existing Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1966 (Rules of 1966) was repealed by the Rules of 1999 and it came into force with effect from 17.11.1999. The Rules of 1999 was thereafter amended by the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service 1st Amendment) Rules, 2005 (1st Amendment) which came into force with effect from 23.02.2005. Subsequently, the Rules of 1999 was again amended by the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service 2nd Amendment) Rules, 2012 (2nd Amendment) which also came into effect from the date of its Notification i.e., 21.08.2012.

5. Mr. C.T. Jamir, learned Senior Counsel for the petitioners submit that as per the 2nd Amendment, Rule 10(a) and Rule 10(b) were added. He submits that as per Rule 1