Mengutuo Kense v. State of Nagaland, represented by the Chief Secretary to the Government of Nagaland, Nagaland, Kohima
2017-05-11
SONGKHUPCHUNG SERTO
body2017
DigiLaw.ai
JUDGMENT & ORDER : 1. 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 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.
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 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.
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 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.