GAHC020002042026 2026:GAU-NL:252 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

KOHIMA BENCH Case No. : WP(C)/40/2026 SMTI. JENNY NDANG ADDITIONAL SECRETARY, NAGALAND LEGISLATIVE ASSEMBLY, NAGALAND, KOHIMA - 797001 R/O NEW ASSEMBLY COMPLEX, DISTRICT KOHIMA, NAGALAND - 797001 VERSUS THE SPEAKER, NAGALAND LEGISLATIVE ASSEMBLY SECRETARIAT AND 3 ORS NAGALAND LEGISLATIVE ASSEMBLY, SECRETARIAT, NAGALAND, KOHIMA - 797001

2:THE SECRETARY NAGALAND LEGISLATIVE ASSEMBLY SECRETARIAT NAGALAND KOHIMA - 797001

3:THE JOINT SECRETARY NAGALAND LEGISLATIVE ASSEMBLY SECRETARIAT NAGALAND KOHIMA - 797001

4:SMTI. KHRUOHITUONUO RIO SECRETARY NAGALAND LEGISLATIVE ASSEMBLY NAGALAND LEGISLATIVE ASSEMBLY SECRETARIAT NAGALAND KOHIMA - 79700 BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA For the petitioner : Mr. C.T. Jamir, Sr. Adv.

: Mr. I. Imchen, Adv.

For the respondent nos. 1 to 3 : Mr. T.B. Jamir, Adv.

For the respondent no. 4 : Mr. Taka Masa, Sr. Adv.

: Mr. Sentilong, Adv.

Date on which judgment is reserved : 04.05.2026. Date of pronouncement of judgment : 08.05.2026.

Whether the pronouncement is of the operative part of the judgment? : No Whether the full judgment has been Pronounced : Yes JUDGMENT AND ORDER (CAV Heard Mr. C.T. Jamir, learned senior counsel, assisted by Mr. I.

Imchen, learned counsel for the petitioner. Also heard Mr. T. B. Jamir, learned counsel appearing for respondent nos. 1, 2 and 3 as well as Mr. Taka Masa, learned senior counsel, assisted by Mr. Sentilong, learned counsel for respondent no. 4.

Nature of challenge and prayers in this writ petition:

2) By filing this writ petition under Article 226 of the Constitution of India, the petitioner has assailed the notification dated 25.03.2026 issued by the Joint Secretary, Nagaland Legislative Assembly Secretariat, by which the Governor of Nagaland was pleased to promote Smt. Khruohituonuo Rio, the respondent no.4 herein to the post of Secretary, Nagaland Legislative Assembly Secretariat w.e.f. 05.07.2022. The petitioner has also prayed for a direction to the respondent authorities to constitute Departmental Promotion Committee for regular promotion by duly considering the case of all those who are in the zone of consideration for the post of Secretary.

Case of the petitioner, in brief:

3) The case of the petitioner, in brief, is that the petitioner was appointed as Assistant Research Officer vide Notification dated 30.09.1996 through a proper selection process in the general cadre, whereas the private respondent was appointed as Assistant Transport Officer vide Notification dated 01.10.1996 w.e.f. 03.09.1996 in the transport cadre. Over the course of service, the petitioner earned regular promotions and reached the rank of Additional Secretary. The private respondent, on the other hand, attained the rank of Additional Secretary (Transport) in the year 2019 by way of multiple upgradation of posts, which were personal to the incumbent. Subsequently, by Office Memorandum and Notification both dated 01.11.2021, the private respondent was brought into the general cadre and regularized therein in the rank of Additional Secretary. The said action was challenged before this Court in W.P.(C) No. 323/2021, and by judgment dated 12.05.2022, the encadrement and regularization were quashed, holding that the private respondent did not belong to the general cadre.

4) Thereafter, within six days of the said judgment, the respondent authorities amended the relevant service rules, namely the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1999 (hereinafter referred to as the “1999 Rules” for brevity) by notifying the Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service 3rd Amendment) Rules, 2022 rd (hereinafter referred to as “3 Amendment Rules” for brevity, whereby the distinction between cadres beyond a certain rank was removed, rendering the private respondent eligible for promotion to the post of Secretary