NDLI: Smt. Imlikokla Longchar & Ors Vs. The State of Nagaland & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law – Nagaland State Council on Educational Training Service Rules 2003 - Promotion – Seniority
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Service Law – Nagaland State Council on Educational Training Service Rules, 2003 - Promotion – Seniority - The dispute arose regarding the seniority of four Appellants and Respondent ‘K’ – Draft seniority list as on 1st July 2006 reflected K below the Appellants as the Appellants became senior lecturer by promotions in 2003 whereas K’s regularisation was done in 2004 as per the Cabinet Memorandum of March, 2005 - K objected on ground that the date of entry of the Appellants into the cadre of senior lecturer was subsequent to her entry into the said cadre - K’s representation was rejected by the Departmental Promotional Committee (DPC) and the final seniority list was published as per the Draft Seniority List on 17th November, 2006 – Against the same, K approached the High Court - The first set of Writ Petition filed by K, being W.P. (C ) No. 173 (K) of 2007 which was dismissed on technical grounds – Another Writ Petition [W.P. (C) No.284(K) of 2007] was also instituted by K questioning regularisation of Appellants which was also dismissed – K, however, was partially successful in the second round of litigation initiated by writ petition registered as W.P (C) No. 126(K) of 2014 – The High Court remanded the matter back to DPC for reconsideration and set aside the DPC recommendations as the same did not reflected the consideration of Nagaland State Council on Educational Training Service Rules, 2003 – DPC retained their earlier decision of 2007 in the meeting that took place subsequent to the order of the High Court - In the appeals arising out of W.P. (C) No. 173(K) of 2007 and W.P.(C) No. 284 (K) of 2007, a Division Bench of the High Court in a common judgment delivered set aside the recommendation of DPC and ordered the State to take immediate steps for reconvening of the D.P.C. for purpose of fresh recommendation for regularization of the private respondents in the post of Sr. Lecturer on strict observance of the Rules of 2003 – Against the same, the Appellants have preferred the present appeal on the ground that the DPC recommendations are in accordance with the Rules of 2003 and they were rightly considered senior to K – Appellants collectively sought seniority over K and the education authorities are supporting the Appellants – Held: The general principle of service jurisprudence is that the time spent in the immediate superior grade on stop gap or ad hoc basis ought not to be computed for determining the length of service of an incumbent in that cadre – Computation of the appellant’s period of service in the feeder grade can take place only from the date of their regular appointment - The appellants had entered the service as lecturer on contractual basis in the year 1992-93 around the same time K had joined as senior lecturer, also on contract basis - For the purpose of determining the length of service in the feeder posts as contained in Schedule II of the 2003 Rules (Eligibility conditions for the post of senior lecturer- 75% of the post of Senior Lecturer fallen vacant in a calendar year shall be filled on promotion from amongst the serving candidates who have rendered continuous service of 5(five) years in the grade of Research Associate/ Assistant Planning Officer/ Assistant Project Officer/ Lecturers in DIET), the time spent on contractual basis cannot be factored in – Appellants completed three years of service in the feeder grade on operationalisation of 2003 Rules on 30th April, 2007 but the said Rules seek to give them regularisation in the cadre of senior lecturer from 2003 and 2001 respectively – Their service in feeder grade do not meet the required stipulation of five years period – No reason to interfere with the judgment under appeal.
Judge	Hon'ble Mr. Justice Aniruddha Bose
Neutral Citation	2022 INSC 1064
Petitioner	Smt. Imlikokla Longchar & Ors
Respondent	The State Of Nagaland & Ors.
SCR	[2022] 17 S.C.R. 491
Judgement Date	2022-10-11
Case Number	7166

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