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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
DEVASHIS BARUAH, J.
Mr E. Nzanthung Jami And Ors – Appellant
Versus
The State Of Nagaland And Ors – Respondent
WP(C) 279 of 2022, WP(C) 278 of 2022
Decided on : 10-06-2024
Seniority - State Education Cadre - 20.10.2009, 21.03.2011, 15.06.2011 - The court dismissed the writ petitions challenging the notification dated 02.09.2022 and the inter-se-seniority list prepared pursuant thereto. The court held that the petitioners could not be regarded as having entered into the State Education Cadre of the Government of Nagaland until the notification was issued on 02.09.2022, bringing them within the service of the State Education Cadre w.e.f. 21.04.2022. The court further held that the financial upgradation under the Modified Assured Career Progression Scheme, if granted, would not bring the petitioners within the fold of the State Education Cadre of the Government of Nagaland.
Fact of the Case:
The petitioners challenged the notification dated 02.09.2022 and the inter-se-seniority list prepared pursuant thereto, alleging that their seniority position had been put below the teachers appointed on regular basis much after their appointment orders pursuant to the recruitment done in the year 2010 and 2013.
Finding of the Court:
The court dismissed the writ petitions, holding that the petitioners could not be regarded as having entered into the State Education Cadre of the Government of Nagaland until the notification was issued on 02.09.2022, bringing them within the service of the State Education Cadre w.e.f. 21.04.2022. The court further held that the financial upgradation under the Modified Assured Career Progression Scheme, if granted, would not bring the petitioners within the fold of the State Education Cadre of the Government of Nagaland.
Ratio Decidendi: The petitioners could not be regarded as having entered into the State Education Cadre of the Government of Nagaland until the notification was issued on 02.09.2022, bringing them within the service of the State Education Cadre w.e.f. 21.04.2022.
Final Decision: The court dismissed the writ petitions, holding that the petitioners could not be regarded as having entered into the State Education Cadre of the Government of Nagaland until the notification was issued on 02.09.2022, bringing them within the service of the State Education Cadre w.e.f. 21.04.2022. The court further held that the financial upgradation under the Modified Assured Career Progression Scheme, if granted, would not bring the petitioners within the fold of the State Education Cadre of the Government of Nagaland.
JUDGMENT :
Heard Mr. N. Mozhui, the learned counsel appearing on behalf of the Petitioners in the instant two writ petitions and Ms. V. Suokhrie, the learned Additional Advocate General, Nagaland appearing on behalf of the State respondents.
2. The instant two writ petitions are taken up for disposal by this common judgment and order taking into account the similarity of the facts involved.
3. In the instant two writ petitions, the Petitioners herein had assailed the notification dated 02.09.2022 to the limited extent whereby the seniority of the Petitioners who were recruited in the year 2010 and 2013 have been placed below the teachers appointed on regular basis or whose services have been regularized. The inter-se-seniority list prepared pursuant thereto and the notification dated 27.09.2022 is also assailed as the Petitioners’ seniority position have been put below the teachers who were appointed on regular basis much after their appointment orders pursuant to the recruitment done in the year 2010 and 2013.
4. From the record, it reveals that vide notification dated 20.10.2009, 210 (two hundred and ten) temporary posts of Graduate Teachers (Non-Gazetted) for 70 (seventy) Government Middle Schools under the School Education Department @3 teachers i.e. one teacher each for English, Science and Maths for each School as indicated in the enclosure attached in the pay scale of Rs. 5000-150-8000/- per month along with other allowances as admissible under the rules in force in Nagaland from time to time were created. From the said notification, it further reveals that the expenditure was debitable to the Head of Accounts 2202-01-101(2) under the plan Centrally Sponsored Scheme expenditure. Clause 3 of the said notification further stipulates that the post of teachers would continue to function even if the Sarva Shiksha Abhiyan (SSA) Program is wound-up and the procedure to be followed for payment of the salaries. It was stipulated in Clause No. 4 of the said notification that the said creation of the posts was issued with the clearance of the P&AR Department, approval of the Cabinet, concurrence of the Finance Department and clearance by the Planning Department. Taking into account the relevance of the said notification dated 20.10.2009, the same is reproduced herein under:-
| “GOVERNMENT OF NAGALAND SCHOOL EDUCATION DEPARTMENT NOTIFICATION Dated Kohima the 20th Oct, 2009 No.RDS/SSA-CPA/009-2008(I) : The governor is pleased to accord sanction for creation of two hundred ten (210) temporary posts of Graduate Teacher (Non- Gazetted) for seventy (70) Government Middle Schools under School Education Department at the rate of three (3) teachers i.e. one teacher each for English, Science and Maths for each school as indicated in the annexure attached in the pay scale of Rs.5000-150-8000/- per month plus all other allowances as are admissible under rules in force in Nagaland from time to time. 2. The expenditure is debitable to the Head of Account 2202-01-101(1) under Plan (CSS) expenditure. 3. The posts of teachers will continue to function even if the Sarva Shiksha Abhiyan (SSA) programme is wound-up and the following procedures will be followed for payment of salaries. (i) The State Mission Authority (SMA) shall deposit the requirement of salaries for these teachers to the State Government Account through Treasury Challan quarterly on the basis of the availability of fund till such time the SSA continues. (ii) The teachers appointed against this creation shall have to draw their pay and allowances at par with other teachers and by following the normal procedures of the State Government in all respect. (iii) After winding up of SSA Mission, the salary and other benefits of these teachers shall have to be borne by the State Government. 4. This issues with the clearance of P&AR Department vide their U.O. No.185 dated 11th August, 2009, |
AI
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