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NELSON SAILO, BUDI HABUNG
Jenny Ndang – Appellant
Versus
Khruohituonuo Rio Additional Secretary (Transport) – Respondent
Headnote: Read headnote
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 court affirmed the principle of seniority in temporary appointments under the relevant service rules, emphasizing the need for adherence to established procedures.
Seniority between direct recruits and promotees must follow the quota-rota rule under statutory provisions when applicable, regardless of past non-implementation, ensuring fairness in the same recrui....
Promotion from Record Assistant to Junior Assistant, though irregular, was not illegal as it was made after completing the necessary service and there was a sanctioned post available. The period of c....
The court established that delay in challenging administrative decisions, especially regarding promotions and seniority, can bar relief if not adequately explained.
The court affirmed the application of the quota-rota rule for determining inter se seniority between promotees and direct recruits, emphasizing its necessity for fairness in service.
The main legal point established in the judgment is that administrative instructions cannot override statutory rules, and the rejection of an appointment must be in accordance with the applicable rul....
Accrued benefits on the employee prior to the changing of the Rule cannot be denied. The right accrued on the employees cannot be denied due to the wrong application of the Rule.
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