Gauhati High Court
Shri. Mengutuo Kense & Ors vs The State Of Nagaland & Ors on 11 May, 2017
Author: S. Serto
Bench: S. Serto
W.P (C) No. 54 (K) of 2016
IN THE GAUHATI HIGH COURT
(THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
KOHIMA BENCH
W.P.(C) No.54 (K) of 2016
1. Shri. Mengutuo Kense,
Office Peon, Finance Budget, Finance Department,
Nagaland, Kohima. Mobile No. 9856467989.
2. Shri. Imlitemjen,
Office Peon, attached to Parliamentary Secretary Agriculture,
Nagaland Civil Secretariat, Nagaland, Kohima.
3. Shri. Nokdang,
Office Peon, attached to Parliamentary Secretary Agriculture,
Nagaland, Civil Secretariat, Nagaland, Kohima.
4. Shri. M. Chimba Phom,
Office Peon, attached to Commissioner & Secretary Veterinary & Animal
Husbandry, Nagaland, Civil Secretariat, Nagaland, Kohima.
5. Shri. Khreiketou Angami,
Office Peon, attached to Joint Director, Geology & Mining Wing, Nagaland, Civil
Secretariat, Nagaland, Kohima
6. Shri. P.Musho,
Office Peon, attached to Parliamentary Secretary Village Guard,
Nagaland, Civil Secretariat, Nagaland, Kohima.
7. Shri. Kukhruniey Yhubeo,
Office Peon, Irrigation & Flood Control, Nagaland Civil Secretariat Nagaland,
Kohima.
8. Shri. Nkuthung Rengma,
Office Peon, attached to Secretary Forest,
Nagaland Civil Secretariat, Nagaland, Kohima.
9. Shri. C. Vikuto Sumi,
Office Peon, attached to Parliamentary Secretary Municipal Affairs,
Nagaland Civil Secretariat, Nagaland, Kohima.
10. Shri. Mure Yimchungru,
Office Peon, attached to Commissioner & Secretary School Education (SCERT),
Nagaland, Civil Secretariat, Nagaland, Kohima.
11. Shri. Hemba Phom,
Office Peon, attached to Advisor DUDA, Nagaland Civil Secretariat, Nagaland,
Kohima.
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W.P (C) No. 54 (K) of 2016
12. Shri. Imchayanger,
Office Peon, attached to Additional Secretary Education, Nagaland, Civil Secretariat,
Nagaland, Kohima.
13. Shri. Thakholie,
Office Peon, Youth Resources and Sports, Nagaland Civil Secretariat, Nagaland,
Kohima.
14. Shri. Tarepsosang,
Office Peon, attached to Secretary Education, Nagaland Civil Secretariat, Nagaland,
Kohima.
15. Shri. Kekuose,
Office Peon, attached to Joint Secretary Industries and Commerce, Nagaland Civil
Secretariat, Nagaland, Kohima.
16. Shri. Hangchuba Zeliang,
Office Peon, attached to Parliamentary Secretary, Youth Resources and Sports,
Nagaland Civil Secretariat, Nagaland, Kohima.
17. Shri. Keneise,
Office Peon, Irrigation & Flood Control, Nagaland Civil Secretariat Nagaland,
Kohima.
18. Shri. Khatsoi,
Office Peon, Supply Branch, Nagaland Civil Secretariat Nagaland, Kohima.
19. Shri. W. Nchio,
Office Peon, attached to Commissioner & Secretary Information Technology &
Communication, Nagaland Civil Secretariat Nagaland, Kohima.
20. Shri. Visalie,
Office Peon, Industries Branch, Nagaland Civil Secretariat, Nagaland, Kohima.
21. Shri. Pelhouzakie,
Office Peon, Police Estt. Branch, Nagaland Civil Secretariat, Nagaland, Kohima.
22. Shri. Methong,
Office Peon, GAB-I, Nagaland Civil Secretariat, Nagaland, Kohima.
23. Shri. Ajei,
Office Peon, Department of Fisheries, Nagaland Civil Secretariat, Nagaland,
Kohima.
24. Shri. Janak Raj,
Office Peon, NAZ (Home), Nagaland Civil Secretariat, Nagaland, Kohima.
25. Shri. Mhabemo,
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W.P (C) No. 54 (K) of 2016
Office Peon, attached to Parliamentary Secretary, Youth Resources and
Sports/Music Task Force, Nagaland Civil Secretariat, Nagaland, Kohima.
26. Shri. Pramod Pradhan,
Office Peon, attached to Minister Social Welfare, Nagaland Civil Secretariat,
Nagaland, Kohima.
27. Shri. Thepuve-o,
Office Peon, Co-operation Branch, Nagaland Civil Secretariat, Nagaland, Kohima.
28. Shri. Zarimo Ezung,
Office Peon, attached to Advisor Co-operation, Nagaland Civil Secretariat,
Nagaland, Kohima.
29. Shri. Imnamer,
Office Peon, attached to Advisor Urban Development, Nagaland Civil Secretariat,
Nagaland, Kohima.
30. Shri. Sulushoyi,
Office Peon, attached to Advisor Urban Development, Nagaland Civil Secretariat,
Nagaland, Kohima
31. Shri. Noksatemba,
Office Peon, Home Branch, Nagaland Civil Secretariat, Nagaland, Kohima
32. Shri. A. Hongpe Konyak,
Office Peon, attached to Parliamentary Secretary, Art & Culture, Nagaland Civil
Secretariat, Nagaland, Kohima.
33. Shri. Y. Shamkam Phom,
Office Peon, attached to Additional Secretary Higher & Technical Education,
Nagaland Civil Secretariat, Nagaland, Kohima.
34. Shri. Vizekuo,
Office Peon, attached to Joint Secretary Veterinary & Animal Husbandry, Nagaland
Civil Secretariat, Nagaland, Kohima.
.............Petitioners
-Versus-
1. The State of Nagaland,
represented by the Chief Secretary to the Government of Nagaland, Nagaland,
Kohima.
2. The Home Commissioner, to Government of Nagaland, Home Department,
Government of Nagaland, Nagaland, Kohima.
3. The Secretary to the Government of Nagaland,
Home Department, Secretariat Administration (SAB) 'A', Nagaland, Kohima.
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W.P (C) No. 54 (K) of 2016
4. The Secretary to the Government of Nagaland, P& AR Department, Nagaland,
Kohima.
.............Respondents
- BEFORE-
THE HON'BLE MR.JUSTICE S. SERTO
For the Petitioners : Ms. Nuksungtila,
Mr. Vilakuolie,
Mr. Pfosekho,
Ms. Temjenchila, Advs.
For the State respondents : Mr. K. Angami, Govt. Adv.
Date of hearing & date of Judgment : 11-05-2017
JUDGMENT & ORDER (ORAL)
Heard Ms. Nuksungtila, learned counsel for the petitioners. Also heard Mr. K. Angami, learned Government Advocate appearing on behalf of the State respondents.
2. The case of the petitioners in brief is that they are grade III employees in the Civil Secretariat, and they have been in service for the last 20 years, and all along in their service career they have never been promoted. Therefore, they have been eagerly waiting for promotion to the next higher post i.e to Grade-III to which they are eligible as per the earlier Government Memorandums issued from time to time. But since the opportunity for promotion to Grade-III post did not come by easily they submitted a representation to the concern authorities and in response thereto, the Government constituted a Review Committee vide Memo No.SAB-5/1/2013,dated 26-03-2013. And the review committee so constituted issued Office Memorandum No. SAB-5/1/2013, dated 24-09-2013 by which the Page 4 of 7 W.P (C) No. 54 (K) of 2016 same norms for promotion of Grade IV employees to Grade III post followed earlier was recommended. The Office Memorandum dated 24-09-2013, a copy of which was filed along with the petition is reproduced below:-
" OFFICE MEMORANDUM Sub:- RECOMMENDTION OF THE REVIEW COMMITTEE MEETING HELD ON 15-07-2013 TO CONSIDER FOR FILLING UP OF GRADE-III POST UNDER HOME DEPARTMENT (SAB) The Committee recommended that in view of the absence of any Service Rule/Procedure and Guideline for taking up of promotion cases of the grade-IV staffs in the Home Department (SAB) promotion cases for filling up vacancies to grade-III, be considered on seniority-cum-merit basis, with due consideration on the employees educational qualification/capabilities and performance from amongst the grade-IV staff.
It is therefore, notified that till such time the Service Rule of the grade-IV employees of the Nagaland Civil Secretariat is finalized the criteria mentioned above as recommended by the review committee will be enforced for taking up promotion cases of the grade-IV employees under Home Department (SAB) Sd/- TEMJEN TOY, IAS HOME DEPARTMENT NO. SAB-5-1/2013 //Dated Kohima, the 24th Sept,.2013 Copy to :-
1. The P.S to Hon'ble Minister Home, Nagaland
2. The P.S Home Commissioner, Nagaland, Kohima
3. The President Grade-IV Union Nagaland Civil Secretariat Association, Kohima
4. The President, Nagaland Secretariat Service Association, Kohima
5. Guard file."
But, inspite of the recommendation of the Review Committee, the respondents, vide Circular No. SAB (A)-12/18/2008 (Pt), dated 05-04- 2016, has converted the post of Duplicating Mechanic (Grade-III post) to Caretaker for chief Secretary's Residence; post of Dispatch Rider (Grade-III) to Electrician, Generator and Sound System Operator; post of Gestetner Operator (Grade-III) to Computer/Assistant and Computer Technician; and Page 5 of 7 W.P (C) No. 54 (K) of 2016 the post of Telephone Operator (Grade-III) to Receptionist for VIP Lobby, and also prescribed the essential educational qualifications for such posts vize, Graduate, 10th Pass with Certificate from ITI, 10th Pass with Certificate from ITI, Graduate with Diploma in Computer Application, Graduate with Diploma in Hardware and Software Applications and Graduate respectively. And conversion of the above stated Grade III posts to other post and prescribing of such educational qualifications for appointment to the pots has violated the recommendation of the Review Committee issued in the form of Office Memorandum dated 24-09-2013 and deprived them of future promotion prospects. Therefore, their rights under Article 14 and 16 of the Constitution of India has been violated.
3. The State respondents in their counter-affidavit has submitted that with the change of time, the functions of Duplicating Mechanic, Dispatch Rider, Gestener Operator and Telephone Operator have become redundant therefore, they have been converted to posts which functions are more relevant and required now a days, and with that the educational qualifications which are required for effective and efficient functioning in such post have been prescribed, therefore, there is no illegality or unconstitutional about it. It is also submitted that for promotion of Grade- IV employees in the Civil Secretariat the post of Duftry and Jamadar are sill kept open, therefore, it is not that the petitioners have been deprived of all promotional avenues.
4. I have considered the submissions of the learned counsel for the petitioners and I find no merit in the writ petition since it is within the prerogative of the Government to convert post which functions are no longer relevant to post which functions are relevant and required, and to prescribe educational qualifications for such post. It is Government who creates post as per its needs, therefore, it is within its prerogative to prescribe the qualifications for such post. Further, it would be unreasonable to expect the Government to keep such post which functions Page 6 of 7 W.P (C) No. 54 (K) of 2016 are no longer relevant and outdated just to facilitate or to provide promotional avenues to employees down the line. To do so would be wasting of public resources. Post and services are created to serve public interest and not to serve individual interest or interests of a group of people. Therefore, no right or rights of the petitioners under Article 14 and 16 of the Constitution of India has been violated by the act of the respondents as alleged.
In that view of the matter, this writ petition is dismissed.
JUDGE akum Page 7 of 7