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2025 Supreme(Gau) 1553
IN THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH AT KOHIMA BENCH
YARENJUNGLA LONGKUMER, J.
Mrs. Renthunglo Mozhui Wife Of Late Limawapang Aier - Appellant
Vs.
State Of Nagaland And Ors. Kohima - Respondent
WP(C) No. 192 Of 2016
Decided On : 22-07-2025
Advocate Appeared:
For the Appellant : Mr. A. Zhimomi
For the Respondent:Mr. Imti Imsong, Addl. Advocate General Nagaland.: Mr. A. Zho (R-4)
Promotion to a cadre position cannot be claimed if the position is specifically designated as ex-cadre under applicable service rules, reiterating the principle of maintaining statutory integrity in public service promotions.
Headnote:(A) Nagaland School Education Service Rules, 2002 - Notification dated 21.07.2011 - Categorization of posts and promotion concerns - Case pertains to the petition challenging designation as ‘ex-cadre’ post and promotion sanctions within the Directorate of School Education - The position of petitioner contested after promotions to Joint Director and Additional Director were declared invalid by state respondents. (Paras 3, 11, 44, 60)
(B) Legal standing post-death of petitioner - Legal right to proceed with case upheld for the wife of deceased petitioner based on implications for family pension. (Para 3)
Facts of the case:
The case involves the service designation and promotion challenges regarding a post categorized as ‘ex-cadre’ despite previous promotions leading to higher ranks, now being contested by the issuing authorities, resulting in a sustained challenge for the widow post-mortem of the original petitioner.
Findings of Court:
The Court finds no illegality in the categorization of posts by the state and sets aside the earlier promotional designations, maintaining the designation of ‘ex-cadre’.
Issues: The core issue encompasses the validity of the designation change and subsequent impacts on promotion possibilities within the state service framework for the petitioner post-restructuring.
Ratio Decidendi: The court ruled against the validity of promoted status due to existing service rules exclusion of the petitioner’s designated post from the cadre structure, asserting maintenance of statutory integrity in public service promotion systems.
Result: Writ Petition dismissed.
| Table of Content |
|---|
| 1. infructuous petitions due to death. (Para 1 , 2) |
| 2. challenge to designation and promotion issues. (Para 3 , 5 , 6 , 7 , 8 , 9 , 10 , 11) |
| 3. petitioner's claim of regular cadre post. (Para 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. respondents' arguments against petitioner's claims. (Para 22 , 23) |
| 5. discussion on service rules and promotions. (Para 24 , 25 , 26 , 27 , 28) |
| 6. affidavit clarifying promotion issues. (Para 29 , 30 , 31 , 32) |
| 7. r-4 submissions establishing technical vs. teaching posts. (Para 33 , 34 , 35) |
| 8. outcome of claims against promotion appropriateness. (Para 38 , 39 , 40) |
| 9. court's determination on the nature of posts. (Para 41 , 42 , 43 , 44) |
| 10. restructuring policy and implications. (Para 45 , 46 , 47 , 48) |
| 11. promotion criteria and illegalities. (Para 49 , 50 , 51 , 52) |
| 12. principles against benefiting from illegal promotions. (Para 53 , 54 , 55) |
| 13. final court opinion based on the illegalities. (Para 56 , 57 , 58) |
| 14. decision on petition dismissal and non-interference. (Para 59 , 60 , 61 , 62) |
JUDGMENT & ORDER :
YARENJUNGLA LONGKUMER, J.
The two writ petitions are being taken up together as they pertain to the same issues and involve the same parties.
2. At the outset, the learned counsel for the petitioner in WP(C)/29/2020 has submitted that the petition has become infructuous as the respondent no. 4 in WP(C)/29/2020 has expired during the pendency of the writ petition. WP(C)/29/2020 is accordingly disposed of as infructuous.
3. In WP(C)/192/2016, the petitioner has challenged the (i) designation of the post of Systems Analyst as an ex-cadre post under the Directorate of School Education by Notification dated 21.07.2011, (ii) the Corrigendum dated 21.03.2015 barring the petitioner from consideration for further promotion in the Directorate of School Education, and (iii) the final seniority list of employees under the Department of School Education as on 01.10.2015 showing the name of the petitioner in the ex-cadre post category. The petition was initially filed by Mr. Limawabang Aier; however, during the pendency of the writ petition, the petitioner retired on 31.08.2021 and thereafter expired on 07.03.2024.The present st petitioner/wife of the 1 petitioner filed an application praying for allowing her to pursue the writ proceedings on the ground that if the relief sought for in the petition is allowed, the applicant/wife of the petitioner, who is entitled to the family pension would be getting a higher family pension. Taking into account that the right to sue continues even after the death of the writ petitioner, this Court allowed the application and the present petitioner/wife of the late petitioner was allowed to substitute the first writ petitioner.
4. I have heard the learned counsel for the petitioner, Mr. A. Zhimomi, learned Additional AG, Mr. Imti Imsong for the State respondent nos.1, 2 and 3 and Mr. A. Zho, learned counsel for respondent no. 4 (R-4).
5. The facts leading to the filing of this writ petition is that by a Letter dated 31.03.1988, one post of Assistant Engineer (Electronics), Class-I Gazetted was created in the Directorate of School Education under its Educational Technology Cell (ET Cell) along with some other posts. The said post of Assistant Engineer (Electronics) was advertised for recruitment through the Nagaland Public Service Commission. The petitioner applied for the post and was recommended for appointment. Pursuant to the recommendation, by a Notification dated 18.04.1990, the petitioner was appointed as Assistant Engineer (Electronics), ET Cell. The petitioner thereafter joined service under the Department of School Education on 18.04.1990. The appointment of the petitioner to the post of Assistant Engineer (Electronics) was equivalent to Grade of Assistant Director.
6. Thereafter, by Notification dated 24.10.2003, the post held by the petitioner was upgraded to Executive Engineer, Class-I Gazetted and re- designated as System Analyst. The post of Executive
