JUDGMENT :

K. Sema, J

The present appeal has been preferred against the judgment & order dated 08.04.2022 passed by the learned Single Judge dismissing W.P.(C) No. 213/2018 on the ground that there is no merit in the case.

2. Before adverting to the impugned judgment & order, the brief fact of the case is narrated as follows;

(i) That the Nagaland Rural Development Service Rules, 2006 regulates recruitment and conditions of service of the employees in the department. In terms of the said rules, 25% of the post in the grade of Block Development Officer (BDO) and its equivalent post such as Rural Development Officer (RDO) and Assistant Project Officer (APO) is reserved for promotees and the remaining 75% is reserved for direct recruit through the Nagaland Public Service Commission (in short, NPSC).

(ii) That by an advertisement dated 05/07/2012 the NPSC notified the selection process for the combined civil services exam under the State. By the Addendum dated 12/07/2012, 16(sixteen) posts of BDO in the Rural Development Department were also advertised.

(iii) Pursuant to the selection process the petitioners were recommended for appointment to the post of BDO and consequent to which the notification dated 04/07/2013 was issued appointing the petitioners in the said post. In the said notification, the writ petitioner No. 1, 2 & 3 are at Sl. No. 1, 2 & 3 and the writ petitioner No. 4 to 13 are at Sl. No. 6 to 15 of the said notification. The writ petitioner No.14 was appointed by the notification dated 05/09/2013 while the writ petitioner No.15 who was initially appointed as the Secretarial Assistant (Class-III) by notification dated 26/09/2013 was appointed to the post of BDO by notification dated 31/01/2014 against the resignation vacancy of the candidate at Sl. No. 4 of the notification dated 04.07.2013.

(iv) That the respondent No. 4, 5, 6, 7 & 8 who were serving in different Government departments were brought on deputation in the Rural Development Department as BDO’s in the year 2009 and 2010 and absorbed by the notification dated 21/12/2012 w.e.f. 18/12/2012. The respondent No.9 was appointed as RDO on 26/10/2005 on contract basis and his contractual service was regularized by the notification dated 21/12/2012 w.e.f. 18/12/2012. The respondent No.10 was appointed as RDO on 04/03/2006 on contract basis and his service was regularized as BDO by the notification dated 21/12/2012 w.e.f 18/12/2012. The respondent No.11 was appointed as RDO on 04/03/2006 on contract basis and by notification dated 21/12/2012 his service was regularized as BDO w.e.f. 18/12/2012. The respondent No.12 was appointed as RDO on 04/03/2006 on contract basis and by notification dated 21/12/2012 his service was regularized as BDO w.e.f. 18/12/2012. The respondent No.13 was appointed as RDO on 04/03/2006 on contract basis and by notification dated 21/12/2012 his service was regularized as APO w.e.f. 18/12/2012. The respondent No.14 was appointed as RDO on 20/12/2006 on contract basis and by notification dated 21/12/2012 his service was regularized w.e.f. 18/12/2012. The respondent No. 15 & 16 were appointed as RDO on 21/06/2007 on contract basis and by notification dated 21/12/2012, the respondent No. 15 & 16 were regularized in the post of BDO w.e.f. 18/12/2012. The respondent No. 17 was provisionally appointed as Mukhya Savika (MS) on 10/12/2003 and by the order dated 07/04/2009, the respondent No. 17 was regularized in the post of MS w.e.f. 19/02/2009.

(v) That the Government has issued the Office Memorandum dated 17/09/1986 and the Office Memorandum dated 21/07/2004 prescribing procedure for regular absorption of the deputationst and also the Office Memorandum dated 19/11/1975 and 09/07/2004 for counting the seniority of Government servants appointed on contract basis and regularized in service.

(vi) That by the Memorandum dated 19/10/2015, the department issued the tentative seniority list of Officers as on 01/10/2015. In the said seniority list, the private re