IMPORTANT POINT
The main legal point established in the judgment is the application of principles of seniority, regularisation of ad-hoc appointments, and the constitutional provisions of Article 14, 16, and 21 in resolving the appointment dispute.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

1. Heard learned counsel Mr. Moa Jamir and Mr. M. Solo for the petitioner. Also heard learned Sr. Government Advocate Ms. S. Mere for the respondent Nos. 1, 2, 3 and 4 and learned counsel Mr. Akhrieu Chusi for the respondent No. 5.

2. The State Respondents are:

(i) The State of Nagaland arrayed as respondent No. 1 and represented by the Secretary to the Government, Health & Family Welfare, Nagaland, Kohima.

(ii) The Principal Director to the Government, Health & Family Welfare, Nagaland, Kohima.

(iii) The Director, Health & Family Welfare, Nagaland, Kohima.

(iv) The Chief Medical Officer, Kohima, Nagaland.

(v) Smt. Dzuzievonuo, Office Peon, Under the Establishment of Chief Medical Officer, Kohima, Nagaland arrayed as respondent Nos. 1, 2, 3, 4 and 5 respectively.

3. The petitioner Smt. Kevineisienuo has filed this application under Article 226 of the Constitution of India for issuance of a writ in the nature of certiorari or mandamus or any other writ of like nature against the Office Order No. DHFW-3/117/Kma/Part-II/2018/ 6871-75 dated 04.09.2019 passed by the respondent No. 2 in appointing the respondent No. 5. The petitioner has also prayed for an appropriate direction to the State Respondent to appoint the petitioner to the post of Office Peon against the retirement of Sri Thenuvicho Angami, presently held by the respondent No. 5. The Principal Director, Health & Family Welfare, Nagaland, Kohima employee under the establishment of the Chief Medical Officer (CMO for short), Kohima passed the impugned order mentioned above.

4. It is submitted that the petitioner and the respondent No. 5 were both appointed on ad-hoc basis as Medical Attendant and Office Peon respectively. By Office Order No. DHFW-3/EXT/KMA/VOL-I/08/9054-56, dated 28.02.2011 passed by the Principal Director, Health & Family Welfare, Nagaland-respondent No. 2 herein, the petitioner was temporarily appointed to the post of Medical Attendant, for 1 year on ad-hoc basis w.e.f. the date of joining the post. The petitioner was posted under the establishment of the CMO-respondent No. 4 herein.

5. From the date of appointment till the selection of respondent No. 5, the petitioner’s service is described in brief as follows:

6. It is contended that the petitioner after serving for 8 years as Medical Attendant on ad-hoc basis, a post of Peon fell vacant on the retirement of Shri Thenuvicho Angami on 30.04.2019. Against the vacant post, the petitioner submitted an application dated 04.04.2019 to the respondent No. 2 which was forwarded by the respondent No. 4 vide letter No. CMOK-6/2/GRD-IV/APPT/TRANS/KMA/2017-19/146 dated 08.04.2019 to the respondent No. 2 (Annexure-J & K). Instead of considering the application, the respondent No. 2, vide impugned Order No. DHFW-3/117/Kma/Part-II/2018/6871-75 dated 04.09.2019 appointed the respondent No. 5 as the Office Peon under the establishment of CMO at Kohima. It is notewor