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Gauhati High Court · body

2011 DIGILAW 75 (GAU)

L. Chongji Phom v. State of Nagaland & Ors.

2011-01-31

C.R.SARMA

body2011
C. R. Sarma, J.- Head Mr. R. Iralu, learned counsel, appearing for the petitioner. Also heard Mr. N.M. Jamir, learned Govt. Advocate, appearing for the State- respondents. 2. The petitioner, being trained in Knitting trade (ITI), was temporality appointed, vide order, No. ED/EL/L/5/2001-2002, dated 19.11.2001, issued by the Joint Director, Directorate of School Education, Nagaland, Kohima, as Knitting Instructor at the Government Middle School,Yongnya, under the establishment of Deputy Inspector of School, Longleng, in the pay scale of Rs. 4000-100-6000/- per month plus other allowances as prescribed by the Government of Nagaland, from time to time against the creation of post, vide No.ETS-9-50/83, dated 01.05.1986 and accordingly she joined the service in the said school. Subse­quently, vide order, NO.EDN/EST-27/2000-2001/166, dated Longleng the 3rd July, 2003, issued by the Deputy Inspector of Schools, Longleng, Govt. of Nagaland, the petitioner was transferred to GMS, Kangching from GMS, Yongyah, vice Smti. H. Tongyung Phom, who was transferred from GMS, Kangching to GMS, Yongyah. 3. According to the petitioner, in view of issuance of some bougus appointment letter, the respondent No. 3 in 2006, verbally asked the petitioner not to attend her duties until an enquiry, regarding all bogus appointments was made.On being so instructed, the petitioner ceased to attend her duties from 2006. Thereafter, a verification regarding bogus appointments was made and eight lists of genuine appointments were published by the Government of Nagaland. Since, despite being appointed against a sanctioned post, the petitioner's name was not shown in the said lists, she submitted representation to include her name in the said genuine list and to allow her continue with her service. Thereafter, the Government published lists of bogus appointees and absentees and the said lists also did not include the petitioner's name. 4. Admittedly, after verification regarding bogus appointments, the Government published eight lists showing the names of genuine appointees and lists of bougus appointees and absentees. According to the petitioner, as her name was not shown in the lists of bogus appointees and absentees and she being appointed against a sanctioned post, her name should have been shown in the lists of genuine appointees and accordingly she ought to have been allowed to continue with her service. Being aggrieved, the petitioner has come up with this writ petition, seeking directions for consideration of her case with all consequential benefits. 5, Mr. Being aggrieved, the petitioner has come up with this writ petition, seeking directions for consideration of her case with all consequential benefits. 5, Mr. Iralu, learned counsel, appearing for the petitioner, taking me through the petitioner's appointment letter, the transfer order as well as the lists of genuine appointees, has submitted that, as the petitioner's name has not been shown in the list of absentees as well as in the list of bogus appointees, she is entitled to continue with her service. It is also submitted by the learned counsel, that the petitioner being appointed against a sanc­tioned post followed by transfer order, was deprived from the service benefit for no fault on her part and that absence of her name in the lists of bogus appointees, clearly indicates that there was no irregularity in respect of her appointment. The learned counsel, referring to the letter Nos. GM/REC/03/15/09-2000/, dated 26.04.2001, issued by the Head Teacher, GMS, Kangching, by which the said Head Teacher had recommended the case of the petitioner for consideration by the Higher authority, has submitted that the petitioner is entitled to be included in the list of genuine appointees. 6. Mr. N. M. Jamir, learned Govt. Advo­cate, drawing my attention to the affidavit-in-opposition, filed by the State-respondents, has submitted, that after due enquiry, it has been noticed that the petitioner's appoint­ment was not processed through file in the Office and that there was no record of issu­ing appointment letter in favour of the petiti­oner. 7. Having heard the learned counsel for both the parties and perusing the materials on record, it appears that the petitioner was initially appointed as Knitting Instructor, in 2001 and, therafter, on 03.07.2003, she was transferred to GMS, Yongyah from GMS, Kangching vice Smti H. Tongyung Phom. Admittedly, the name of the petitioner has not been shown in the lists of genuine appointees, bogus appointees and in the list of absentees. If the petitioner's appointment was not made as per procedure, or if her appointment was found to be a bogus one, her name should have been shown in the said list of bogus appointees. Non-inclusion of the petitioner's name in any one of the said lists indicates that she did not belong to any one of the said three catagories. This proposition can't be accepted as correct. Non-inclusion of the petitioner's name in any one of the said lists indicates that she did not belong to any one of the said three catagories. This proposition can't be accepted as correct. Therefore, a definite finding regarding appointment of the petitioner is required to be rendered on the basis of an enquiry. 8. In view of the above, as agreed to be by the learned counsel for both the parties, it would be appropriate to cause an enquiry to ascertain as to whether the petitioner was genuinely appointed or not and her name should be reflected in the appropriate list on the basis of such enquiry. 9. Accordingly, the Commissioner & Secretary, Department of School Education, Govt. of Nagaland, Kohima is direct to cause an enquiry regarding the appointment of the petitioner and issue necessary order/notification in this regard on the basis of the said enquiry. This process be completed within a period of 6(six) months' form today. It is needless to mention here that, if the appointment of the petitioner is found to be genuine, her name should be shown in the list of genuine appointees and all conseq-uential benefits, as per rule, be granted acco­rdingly. 10. With the aforesaid directions, this writ petition is disposed of.