JUDGMENT :

Heard Mr. T. Khezhie, learned counsel for the petitioners and Mr. K. Angami, learned Government Advocate for the State respondents No. 1, 2 & 3. Also heard Mr. N. Mozhui, learned counsel for the private respondents No. 4 & 5.

2. That both the petitioners were appointed as contingency paid sweepers in the Nagaland Civil Secretariat on a monthly wage of Rs. 450/-(fixed). The petitioner No. 1 was appointed by the Order No. SAB-5/161/64(pt), dated 15/05/1992, while the petitioner No.2 was appointed by the order No. SAB-5/427/91(II), dated 24/09/1992. The service of the petitioners has been extended from time to time and the latest extension was effected by the order dated 18/06/2019 for a period of 1(one) year w.e.f. 01/04/2019 to 31/03/2020.

3. That subsequent to the appointment of the petitioners, the Home Department, Secretariat Administrative Branch vide Notification dated 13/07/2001 constituted a Selection Committee for selection of causal employees appointed without post in the Nagaland Civil Secretariat against each categories of the employees as recommended by the High Powered Committee. The Committee in the report dated 10/10/2001 had selected and recommended the numbers of employees against each category of post on the basis of seniority-cum-merit from amongst the employees appointed without post. In the select list in the category of sweeper (casual), the Committee has selected 84 sweepers in which the petitioners has been placed at Sl. No. 38 & 43 of the list. The Committee in the report dated 10/10/2001 in order to safeguard the future of the selected employees has also made the following recommendation which is extracted as follows;

“The Committee felt that as a safeguard to the future of the employees selected after the present selection test conducted by this Committee who have put in several years of service as contact employee, some provisions should be made to absorb them in the regular sanctioned posts as and when vacancies arise. Accordingly, it is recommended that the selected employees of all the categories be appointed against the vacancies of regular posts arising in future after following the requisite procedure on the basis of seniority as recommended by the selection committee.”

4. The learned counsel for the petitioners submits that 2(two) regular posts of sweeper fell vacant in the Nagaland Civil Secretariat, Kohima, on account of the promotion of Smti. Neinguzo and the retirement of Smti. Kereisenuo. The respondent authorities however, instead of considering the regularization of the petitioners has appointed 2(two) fresh candidates namely, the respondent No. 4 & 5 in the resultant vacancies by issuing the impugned Order No. SAB-5/390/91(P), dated 30/09/2019, thereby violating the precedence followed in the department of regularizing the contingency paid sweeper selected by the Committee.

5. The learned counsel for the petitioners also submits that in the seniority list of contingency fix paid sweeper as on 31/03/2017, the petitioner No. 1 appears at Sl. No. 9 of the list while the petitioner No. 2 appears at Sl. No. 13 of the said list. It is submitted that the persons named in Sl. No. 1, 2, 3, 5, 6 & 7 of the said seniority list have already been regularized by the Government whereas, the persons in Sl. No. 4, 10 & 12 has expired. The persons in Sl. No. 8 & 11 have declined to challenge the impugned order dated 30/09/2019 appointing the respondent No. 4 & 5. In the circumstances, the learned counsel for the petitioners submits that the petitioners have a right to be considered for regularization in service in the resultant vacancies.

6. The learned counsel for the petitioners further submits that on earlier occasion too, whenever the Government appointed fresh candidates in the various categories of post in place of the selected candidates in violation of the recommendation of the Selection Committee, the persons aggrieved by such fresh appointment had approached the Court seeking legal redres