Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(Gau) 15908

GAUHATI HIGH COURT
Kalyan Rai Surana, J
Jenny Ndang – Appellant
Versus
Speaker, Nagaland Legislative Assembly Secretariat – Respondent
WP(C)/40/2026

Advocates:
For the Appellants/Petitioners: C.T. Jamir, I. Imchen
For the Respondents: T.B. Jamir, Taka Masa, Sentilong

The post of Secretary in the Nagaland Legislative Assembly Secretariat is a selection post appointed by the Governor, and the Departmental Promotion Committee (DPC) procedures under the 1999 Rules do not apply to such appointments, as Rule 12(1) provides an exhaustive, specific mechanism for selection.

Headnote:(A) Nagaland Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules, 1999 - Rule 12(1) - Rule 15 - Constitution of India - Art. 187(3) - Appointment to the post of Secretary - Requirement of Departmental Promotion Committee (DPC) - Whether the post of Secretary is a selection post - The Court held that Rule 12(1) of the 1999 Rules, as amended by the 3rd Amendment Rules, 2022, serves as an exhaustive provision for the appointment of the Secretary by the Governor on the recommendation of the Speaker in consultation with the Chief Minister - The DPC mechanism under Rule 15 is inapplicable to the post of Secretary as the composition of the DPC would be anomalous if tasked with selecting an officer of an equal or higher rank (Secretary/Additional Secretary) - The post of Secretary is a selection post based on fitness as determined by the appointing authority, rather than a promotional post based solely on seniority subject to DPC ratification. (Paras 10, 11, 14, 15)

Facts of the case:
The petitioner, an officer in the general cadre, challenged the promotion and regularization of respondent no. 4 as Secretary of the Nagaland Legislative Assembly Secretariat. The challenge was primarily grounded on the absence of a Departmental Promotion Committee (DPC) process and the alleged violation of service rules following various amendments to the 1999 Rules, which were enacted to remove cadre distinctions after previous litigation.

Findings of Court:
The court held that strict adherence to the DPC process is not required for the post of Secretary because the appointing power is vested explicitly in the Governor via Rule 12(1), making it a selection post. The court dismissed the petition, finding that the impugned promotion was conducted in accordance with the amended statutory framework.

Issues: Whether the appointment to the post of Secretary requires the constitution of a Departmental Promotion Committee (DPC) and whether the promotion of the respondent was contrary to the 1999 Rules.

Ratio Decidendi: A statute must be read as a whole; interpreting Rule 15 (DPC) as governing the Secretary post would render Rule 12(1) otiose. Consequently, the appointment procedure for the Secretary is exclusively governed by Rule 12(1) as a selection post.

Result: Writ petition dismissed.

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:

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:

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.

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 (hereinafter referred to as “3rd 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. The said amendment was challenged in W.P.(C) No. 92/2022, which came to be dismissed on the ground of maintainability by judgment dated 24.04.2024.

During the pendency of the said writ petition, the post of Secretary remained vacant and, in that context, the private respondent was granted temporary officiating charge of the said post vide Notification dated 05.07.2022. The petitioner challenged the same in W.P.(C) No. 144/2022, wherein an interim order dated 22.07.2022 was passed suspending the said notification. However, the interim order was subsequently vacated by order dated 12.08.2022. The petitioner preferred Writ Appeal No. 28/2022, which was dismissed by order dated 03.09.2024 with a direction to fill up the post of Secretary in accordance with law. Thereafter, the petitioner withdrew the said writ petition.

However, the respondent authorities, by Notification dated 09.03.2026, regularized the private respondent as Secretary with retrospective effect from her officiating date, without constituting a Departmental Promotion Committee (DPC) as required under the service rules. The same was challenged in W.P.(C) No. 33/2026. During the proceedings, a subsequent Notification dated 25.03.2026 w

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2026 Supreme(Online)(Gau) 15908

GAUHATI HIGH COURTKalyan Rai Surana, JJenny Ndang – AppellantVersusSpeaker, Nagaland Legislative Assembly Secretariat – RespondentWP(C)/40/2026

Cases Referred (3)

GAUHATI HIGH COURT
Kalyan Rai Surana, J
Jenny Ndang – Appellant
Versus
Speaker, Nagaland Legislative Assembly Secretariat – Respondent
WP(C)/40/2026