JUDGMENT :

Manish Choudhury, J.

This intra-court appeal, preferred by the State of Nagaland, is directed against a Judgment and Order dated 04.11.2020 passed in the writ petition, W.P.[C] no. 195/2018 wherein the learned Single Judge has observed that the petitioner is entitled for grant of 2nd Financial Up-Gradation on 01.04.2012 under the Modified Assured Career Progression Scheme [MACPS] by counting his ad-hoc service and has directed the respondent no. 5 therein i.e. the respondent no. 2 herein to grant the benefits of 2nd Financial Up-Gradation to the petitioner w.e.f. 01.04.2012 with all the benefits after deduction of the excess drawal during the period from 2010 to 2012.

2. We have heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland for the appellants and Mr. Tongpok Pongener, learned counsel for the respondent no. 1 – writ petitioner.

3. The respondent no. 1 as the writ petitioner [hereinafter referred to as ‘the writ petitioner’ for convenience] had instituted the writ petition, W.P.[C] no. 195/2018 under Article 226 of the Constitution of India seeking i