Y. Yimlei Phom, D/o A. Yongyah Phom v. State Of Nagaland
2025-05-16
KAKHETO SEMA
body2025
DigiLaw.ai
JUDGMENT : KAKHETO SEMA, J. 1. Heard Mr. Pakinrichapbo, learned counsel for the petitioner. 2. The case in brief is that, on the application submitted by the petitioner for appointment to Grade-IV post, the Government of Nagaland in the department of School Education, Nagaland, Kohima, issued the letter dated 10.04.2023 granting the administrative approval for appointment of the petitioner as Multi-Tasking Staff (MTS) Grade-IV, Longleng, Nagaland, under the School Education department. Subsequently, the notification dated 27.04.2023 was issued by the Principal Director School Education, Kohima appointing the petitioner as Multi-Tasking Staff (MTS) Grade-IV in the Office of the Sr. Sub Divisional Education Officer, Longleng, Nagaland under the department of School Education. In the notification dated 27.04.2023, the terms and conditions of the appointment inter-alia provided that the petitioner shall be on probation for 2(two) years and on completion of the probation period, the petitioner shall be considered for service confirmation subject to fulfillment of conditions prescribed in the service rules in force. When the petitioner was serving in the said post, the Principal Director of School Education issued the order dated 17.03.2025 terminating the service of the petitioner with effect from the date of issue of the said order, on the basis of the approval letter dated 10.03.2025 issued by the Government. Consequent thereto by the notification dated 24.03.2025, the respondent No. 8 was appointed to the post from where the petitioner was terminated from service. Being aggrieved, the present writ petition has been filed. 3. Issue notice to the respondents returnable after 4(four) weeks. 4. Ms. S. Mere, learned Sr. Government Advocate accepts notice on behalf of the respondent No.1 to 7, therefore, no formal notice need be issued to the State respondents. The learned counsel for the petitioner shall however serve the requisite copies of the writ petition to the learned Government Advocate within a period of 3 days from today. 5. Insofar as the the respondent No. 8 & 9 are concerned, the learned counsel for the petitioner shall take steps for service of notice on the said respondents by registered post with AD within a period of 3 days from today. 6. Considering the submission made by the learned counsel for the petitioner, the appointment of the respondent No. 8 shall be subject to the outcome of the writ petition.