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2024 Supreme(Gau) 1342
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
MANISH CHOUDHURY, KAKHETO SEMA, JJ.
Shri. Neilhoulie Seyie, Senior Inspector of Supply, Department of Food and Civil Supplies – Appellant
Versus
The State of Nagaland – Respondent
Writ Appeal no. 34 of 2022
Decided on : 04-10-2024
Important Points
Subject
Service Law - Seniority Dispute
Act Referred
MPS Rules : R.28(i)
Nagaland Civil Supplies 1st Amendment Rules : R.15(ii)
Nagaland Civil Supplies Subordinate Service Class-III. As per the Service Rules : R.3, R.5, R.5(4), R.6, R.6(a)
Headnote
(B) Seniority Determination - Principle of quota-rota rule - Application only when direct recruitment and promotion occur in the same calendar year - Continuous length of service not applicable when specific rules govern seniority - Statutory rules prevail over past practices (Paras 26, 29).
Facts of the case:
The dispute arose from seniority lists published for the post of Inspector of Supply, with a tentative list dated 19.11.2018 altering positions based on the quota-rota rule, affecting promotees and direct recruits appointed in 2012. Earlier lists followed continuous service length, leading to grievances over revised rankings (Paras 3, 4.5).
Findings of Court:
The court upheld the application of Rule 15[ii], finding no illegality in the revised seniority list of 19.11.2018. It rejected claims of discriminatory application, noting the rule applies only when recruitment and promotion occur in the same year, as in 2012 (Paras 24, 33).
Issues: The primary issue was whether the sudden application of the quota-rota rule under Rule 15[ii] after years of non-implementation was discriminatory and violative of constitutional rights under Articles 14 and 16 (Para 7).
Ratio Decidendi: The court reasoned that statutory rules under Rule 15[ii] must be followed when applicable, regardless of past non-implementation. The rule’s application in 2012 was justified as promotions and direct recruitments occurred in the same year, negating claims of arbitrariness (Paras 29, 32).
Result: The present intra-court appeal is found to be devoid of any merits and it is deserved to be dismissed. It is accordingly ordered (Para 33).
For the Appellants :Mr. R. Iralu, Senior Advocate, Mr. L. Iralu, Advocate
For the Respondent:Mr. Moa Imchen, Senior Government Advocate, Mr. C.T. Jamir, Senior Advocate, Mr. I. Imchen, Advocate
JUDGMENT :
Manish Choudhury, J.
This intra - court appeal is presented against a Judgment and Order dated 21.10.2022 passed by a learned Single Judge in a writ petition, W.P.[C] no. 124/2019. It may be mentioned that by the Judgment and Order dated 21.10.2022, the learned Single Judge has disposed of two writ petitions, W.P.[C] no. 62/2019 and W.P.[C] no. 124/2019, by dismissing both of them. The writ petition, W.P.[C] no. 62/2019 was preferred by two writ petitioners viz. [i] Moanungsang; and [ii] Allen Imchen wherein the present appellant no. 1, Neilhoulie Seyie was impleaded as party-respondent no. 9. On the other hand, the writ petition, W.P.[C] no. 124/2019 was preferred by the present two appellants as the writ petitioners viz. [i] Neilhoulie Seyie [A-1]; and [ii] Vihinu John [A-2] wherein the two writ petitioners in the writ petition, W.P.[C] no. 62/2019 were impleaded as party-respondent no. 3 and party-respondent no. 4 respectively and they are also impleaded in this intra - court appeal as party-respondent no. 3 [R-3] and party-respondent no. 4 [R-4] respectively.
2. Being aggrieved and dissatisfied with the dismissal of their writ petition, W.P.[C] no. 124/2019 where the present two appellants were the writ petitioners, the instant intra - court appeal has been preferred challenging that part of the common Judgment and Order dated 21.10.2022. It has been submitted at the Bar that no intra - court appeal has been preferred against the dismissal of the writ petition, W.P.[C] no. 62/2019 wherein the respondent no. 3 and the respondent no. 4 in the instant intra - court appeal, were the writ petitioners.
3. The subject-matters of both the writ petitions, W.P.[C] no. 62/2019 and W.P.[C] no. 124/2019 were, in essence, with regard to inter se seniority of the contesting parties in the post/cadre of Inspector of Supply in the Department of Food and Civil Supplies, Government of Nagaland. The contestation arose among the contesting parties when by a Government Letter no. SPLY-10/03/2013 dated 19.11.2018, a tentative seniority list of Inspector of Supply in the Department of Food and Civil Supplies, Government of Nagaland was published. The genesis of the dispute is another seniority list of Inspector of Supply published by the Department of Food and Civil Supplies, Government of Nagaland indicating the inter se seniority positions of incumbents holding the post of Inspector of Supply, as on 31.03.2016. In between publication of the afore-mentioned two seniority lists, another revised seniority list was circulated for the Inspector of Supply, as on 15.03.2017, reference of which would be made in the later part of this order.
4. In order to understand and appreciate the exact nature of the inter se seniority dispute involved, it appears apt, at the inception, to refer to both the seniority list of Inspector of Supply, as on 31.03.2016 [hereinafter also referred to as ‘First List of Seniority’, at places, for easy reference] and the seniority list of Inspector of Supply, as on 19.11.2018 [hereinafter also referred to as ‘Second List of Seniority’, at places, for easy reference], published by the Department of Food and Civil Supplies, Government of Nagaland.
4.1. The First List of Seniority, that is, the seniority list of Inspector of Supply in the Department of Food and Civil Supplies, Government of Nagaland, as on 31.03.2016, was as follows :-
SENIORITY LIST OF INSPECTORS OF SUPPLY IN THE F & C.S. DEPARTMENT AS ON 31.03.2016
| SENIORITY LIST OF INSPECTORS OF SUPPLY IN THE F & C.S. DEPARTMENT AS ON 31.03.2016 | ||||
| Sl. | Name of the Official | Date of First entry into Service | Date of Promotion | Direct or Promotee |
| 1 | Ekoni Humtsoe | 20.12.2006 |
| Direct recruit |
| 2 | Kavito Aomi | 06.06.2001 | 02.07.2007 | Promotee |
| 3 | John K.R. Zeliang | 18.01.2002 | 05.12.2007 | Promotee |
| 4 | N. Wangnei Konyak | 06.06.2001 | 13.05.2010 | Promotee |
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