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DEVASHIS BARUAH
E. Nzanthung Jami – Appellant
Versus
State Of Nagaland – Respondent
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
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 ....
Point of Law : When a person holds a post for an indefinite period especially for long duration in contradistinction to a person who holds it for a definite or temporary period or holds that on proba....
Point of law: Service Law - Teaching and non teaching staff - Grant old pension Scheme - Rule 19 of Rules of 1978 is applicable for the payment of provident fund to teachers and head masters employed....
Employment and Service matter - Payment of provident fund - New Pension Scheme - Enforcement of - Under impugned order making applicable NPS being institutions brought within the purview of Payment o....
The court emphasized the principle of equal pay for equal work and mandated reconsideration of petitioners' claims for regularization and pay, acknowledging their qualifications and similar duties co....
The central legal point established in the judgment is that Government School Teachers, initially appointed under adhoc basis, are entitled to count their past services for pay upgradation in accorda....
Aptitude test qualified candidates selected for unaided school assistant teacher posts with specified pay scale cannot be appointed on honorarium; entitled to regular pay from original date, coerced ....
Pension scheme - Deduction of monthly salary - since the Petitioner No. 1 had been appointed prior to 1st November, 2005 and occupied a part time fully aided post i.e. receiving 100% grant-in-aid fro....
Qualified teachers cannot be penalized for procedural lapses by administrative authorities after years of service, emphasizing the importance of due process in employment matters.
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