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2024 Supreme(Gau) 629

DEVASHIS BARUAH
Temjenliba S/o Repachojang – Appellant
Versus
State of Nagaland – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: A. Zhimomi.
For the Respondent: Livika.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Heard Mr. A. Zhimomi, the learned counsel appearing on behalf of the Petitioners and Ms. Livika V. Sumi, the learned Government Advocate appearing on behalf of the Respondents.

2. The jurisdiction under Article 226 of the Constitution have been invoked by the two petitioners challenging the Memorandum dated 26.03.2018 whereby the Petitioners who were at Serial Nos. 471 and 472 have been held to be not eligible for further promotion to the higher grade.

3. The Petitioner No. 1 was initially appointed as a Sectional Officer, Grade-I on the basis of an office order dated 15.06.1998. The said appointment was made on contract basis. The said engagement of the Petitioner No. 1 was extended from time to time. Subsequently, vide an order dated 14.12.2006, the services of the Petitioner No. 1 was regularized w.e.f. 26.10.2006.

4. The Petitioner No. 2 was initially appointed on the basis of an office order dated 09.06.2003 and was appointed as Sectional Officer, Grade-II on provisional basis. In the year 2007, vide an order dated 14.12.2007, the Petitioner No. 2 was offered officiating promotion to Sectional Officer, Grade-I. Subsequent thereto, on 15.06.2009, th

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