Seniority among Forest Rangers is determined by the date of appointment in the absence of specific rules, not merely by merit in selection.

Judgment and Order :

1. Heard Mr. Limawapang, learned counsel for the writ petitioner. Also heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland, appearing for the official respondent nos. 1, 2 & 3 and Mr. N. Longkumer, learned counsel appearing for the private respondent nos. 4, 5 & 6. None has appeared for the respondent no. 7.

2. By filing this writ petition, the petitioner has challenged the final inter se seniority list of Forest Rangers, as on 15/12/2021, circulated by the Department vide Memorandum dated 15/12/2021, issued by the Principal Secretary to the Government of Nagaland, Department of Environment, Forests and Climate Change, whereby, the private respondent nos. 4, 5 & 6 have been placed above the writ petitioner in the seniority list. The facts and circumstances of the case, giving rise to the filing of the instant writ petition, shorn of unnecessary details, is narrated herein below.

3. The Nagaland Public Service Commission (NPSC) i.e. the respondent no. 7 herein, had issued advertisement no. 5/2009-2010 dated 12/08/2010 inviting applications from eligible candidates for filling up a number of different posts under the Government of Nagaland. The advertisement notice dated 12/08/2010 had also included 1(one) post of Forest Ranger (Cl-II Gazetted) under the Forest Department. Subsequently, by issuing addendum dated 09/09/2010, 3 (three) more posts, in the category of Forest Ranger (Cl-II Gazetted), were added to the number of vacancies in the Forest Department. In response to the advertisement notice, as stated above, the petitioner had submitted his candidature.

4. On completion of the selection process, the respondent no. 7, vide notification dated 25/07/2011, had inter-alia recommended the names of 4 (four) candidates for filling up the 4 posts of Forest Rangers (Cl-II Gazetted) under the Forest Department. The four candidates whose names were recommended by the NPSC were Shri Khujah Jurry and the three private respondent nos. 4, 5 & 6 herein. It would be pertinent to mention herein that Shri Khujah Jurry was selected as an un-reserved category candidate whereas, the respondent no. 4 Shri Ailong Phom was selected as a backward tribe candidate. The respondent nos. 5 & 6 i.e. Shri Punseni Khing and Shri Imkongsunep Longchar respectively, were selected against the 50% quota reserved for the Forestry Graduates. The aforesaid four candidates, having accepted the offer of appointment as Forest Rangers, by the appointment order dated 25/10/2011, they were all appointed as Forest Rangers. However, after serving the Department for a few months, Shri Khujah Jurry i.e. the un-reserved category candidate, had submitted his resignation on 31/12/2011, which was accepted by the appointing authority on 24/02/2012 and accordingly, he was released from his post.

5. In the wake of the resignation of Shri Khujah Jurry, the Government of Nagaland, vide letter dated 06/03/2012 addressed to the Secretary of the respondent no. 7, had made a request to recommend the first candidate from the waiting list maintained by the NPSC, so as to fill up the post of Forest Ranger vacated by Shri Khujah Jurry. It appears that the writ petitioner herein was the first wait listed candidate and accordingly, vide letter dated 13/06/2012 issued by the NPSC, the name of the writ petitioner was recommended so as to fill up the vacant post of Forest Ranger arising due to the resignation of Shri Khujah Jurry. On 13/07/2012, the post of Forest Ranger was offered to the petitioner which he had accepted. Consequently, vide notification dated 30/08/2012, the petitioner was appointed as Forest Ranger.

6. Thereafter, on 21/03/2014, the Principal Secretary to the Government of Nagaland, Department of Forest, Ecology, Environment and Wild Life i.e. the respondent no. 2 herein had issued a Memorandum notifying the tentative seniority list of Forest Rangers, as on 01/01/2014. In the said tentative seniority list, the petitioner’s name appeared at Sl. N