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GAHC020008202024 2026:GAU-NL:276

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH

Case No. : WP(C)/304/2024

SHRI PRABIN DAS

S/O SHRI LALIT CHANDRA DAS

PRESENTLY SERVING AS MARKETING SPECIALIST

CENTRAL INSTITUTE OF HORTICULTURE

MEDZIPHEMA

CHUMOUKEDIMA NAGALAND

VERSUS

THE UNION OF INDIA AND 3 ORS

REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA

MINISTRY OF AGRICULTURE AND FARMERS WELFARE

KRISH BHAWAN

NEW DELHI- 110001

2:THE HORTICULTURE COMMISSIONER

DEPT. OF AGRICULTURE AND FARMERS WELFARE

DEPT. OF AGRICULTURE

GOVT. OF INDIA

KRISH BHAWAN

NEW DELHI-110001

3:THE ADDITIONAL COMMISSIONER (HORT-FRUIT)

DEPT. OF AGRICULTURE AND FARMERS WELFARE

DEPT. OF AGRICULTURE

GOVT. OF INDIA

KRISHI BHAWAN-NEW DELHI-110001

4:THE DIRECTOR

CENTRAL INSTITUTE OF HORTICULTURE

DEPT. OF AGRICULTURE

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MINISTRY OF AGRICULTURE AND FARMERS WELFARE

MEDZIPHEMA

CHUMOUKEDIMA

NAGALAND

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Advocate for : T. B. JAMIR

Advocate for : CGSC appearing for THE UNION OF INDIA AND 3 ORS

BEFORE

HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

JUDGMENT AND ORDER (ORAL)

Date:-19-05-2026

Heard Mr. T. B. Jamir, learned counsel along with Mr. I.

Jamir, learned counsel for the petitioner. Also heard Mr. B. Deka,

learned CGSC along with Ms. K. Tsukru, learned counsel appearing

for the respondents.

2. The petitioner in the present proceeding has prayed for a

direction upon the respondent authorities to regularize his services

against the post of Marketing Specialist, in the Central Institute of

Horticulture, Medziphema.

3. The Director, Central Institute of Horticulture, Medziphema, i.e.,

the respondent no. 4, herein, had issued an advertisement for

recruitment amongst others, against the post of Marketing Specialist

on contractual basis, for a period of 6 months or till regular

appointment is made against the said post. The post of Marketing

Specialist as advertised was a sanctioned post. The petitioner having

fulfilled the requisite eligibility criteria as set out in the said

advertisement dated 13.02.2009, had submitted his application, and

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thereafter, participated in a selection process conducted for the

purpose of engagement against the post of Marketing Specialist, as

advertised.

4. In pursuance of the said selection process, the Selection

Committee as constituted for that matter, selected the petitioner for

engagement against the post of Marketing Specialist, and the said

recommendation was placed before the competent authority of the

Central Institute of Horticulture, Medziphema. The recommendation

of the Selection Committee was, thereafter, forwarded by the

Respondent no. 4, to the Horticulture Commissioner, Department of

Agriculture & Co-operation, Ministry of Agriculture, Government of

India, for approval. On approval being so granted by the competent

authority, the respondent no. 4, issued an offer of appointment

dated 27.11.2009, to the petitioner, herein, for his engagement

against the post of Marketing Specialist, on contractual basis. The

petitioner accepted the said engagement and joined his services.

The petitioner on joining such engagement was paid his

remuneration on fixed pay basis. Although, the initial engagement

of the petitioner was for a period of 6 (six) months, the same was

extended from time to time, along with the revision of the wages

drawn by the petitioner against the said post.

5. The post of Marketing Specialist being a sanctioned post, a

process of recruitment was initiated against the said post vide

issuance of advertisement No. 02/2023 dated 28.01.2023, by the

Union Public Services Commission (UPSC). The petitioner along with

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124 others had submitted their respective applications for

recruitment against the said post. On a scrutiny of the applications

received, it is found that only the petitioner and one another came

to be shortlisted for selection against the said post. However, vide

communication dated 15.07.2024, the Union Public Services

Commission (UPSC), authorities decided not to pr