IMPORTANT POINT
The court affirmed the principle of seniority in temporary appointments under the relevant service rules, emphasizing the need for adherence to established procedures.

JUDGMENT :

Nelson Sailo, J.

Heard Mr. C.T. Jamir, learned Senior Counsel assisted by Mr. I. Imchen, learned counsel for the writ appellant, Mr. Taka Masa, learned Senior Counsel assisted by Mr. Arenlong, learned counsel for the respondent No. 1 and Mr. T.B. Jamir, learned counsel for the respondent No. 2.

2. This writ appeal is directed against the Order dated 12.08.2022 passed by the learned Single Judge in I.A(C) No. 116/2022 arising out of WP(C) No. 114/2022. The instant appellant is the writ petitioner in the said writ petition and therefore, shall be referred to as the petitioner hereafter for the sake of convenience. Similarly, the respondent No. 1 in the instant writ appeal may be referred to as the private respondent.

3. Challenge made by the petitioner in her writ petition is to the Order dated 05.04.2022 issued by the Joint Secretary, Nagaland Legislative Assembly (NLA for short) delegating the private respondent the temporary officiating charge of the Secretary NLA to administer the functioning of the Secretariat with effect from 05.07.2022 afternoon and subject to the outcome of WP(C) No. 92/2022. The said order was issued as per the provisions of Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1999 (Rules of 1999) as amended and read with Rule 18 of the same Rules.

4. Be it stated herein that WP(C) No. 92/2022 is a writ petition filed by the Nagaland Assembly Secretariat Staff Association and three (3) others wherein, the present petitioner was also one of the petitioners. Challenge made in the said writ petition was to the Nagaland Legislative Assembly Secretariat (Recruitment & Conditions of Service 3rd Amendment) Rules, 2022 (Rules of 2022 for short) notified vide Notification dated 18.05.2022. Since the Rules of 2022 was challenged, the matter was taken up by a Division Bench of this Court and vide Order dated 26.05.2022, it was directed that the prayer for interim stay of the Notification dated 18.05.2022 will be heard on the returnable date and that any promotion or appointment pursuant to the Rules of 2022 notified by Notification dated 18.05.2022 will be subject to the outcome of the writ petition.

5. Subsequent thereto, on 05.07.2022, the private respondent as already stated herein above, was delegated the temporary officiating charge of the Secretary, NLA with a condition that the same was subject to the outcome of WP(C) No. 92/2022. According to the petitioner, while the challenge to the Rules of 2022 was pending adjudication, since the private respondent vide order dated 05.07.2022 was delegated the temporary officiating charge of Secretary, NLA and being aggrieved with the same, she filed WP(C) No. 144/2022 on grounds inter alia that she is senior to the private respondent in service and that she belongs to the general cadre of the service whose next line of promotion is the post of Secretary, NLA while the private respondent was bought into the general cadre of the service in terms of the Rules of 2022 which otherwise was under challenge by the petitioner and others in WP(C) No. 92/2022.

6. The learned Single Judge in WP(C) No. 144/2022 vide order dated 22.07.2022 while issuing notice of motion granted stay of the impugned Order dated 05.07.2022 by which the private respondent was delegated the temporary officiating charge of the Secretary, NLA. Aggrieved with the same, the private respondent filed I.A(C) no. 116/2022 seeking the vacation of the said interim order dated 22.07.2022. The application for vacation of the stay was disposed of vide Order dated 22.07.2022 and the same is the subject matter of challenge in the instant writ appeal.

7. Mr. C.T. Jamir, learned Senior Counsel submits that the petitioner is senior to the private respondent in service and that her appointment is in the general cadre of the service where one can be promoted to the post of Secretary, NLA. As for the private respondent, she was appointed as Assistant Transport Officer in a particular