Mezo Motonyu Kuotsu v. The State of Nagaland and 10 Ors

ORDER Date : 22/08/2023

Heard Mr. S. P. Sharma, learned counsel for the petitioner. Also heard Ms. T. Khro, learned Additional Advocate General, Nagaland and Mr. R. Dhar, learned counsel appears for the respondent Nos. 8 to 11.

¶2This Interlocutory Application (Civil)/2216/2023 has been filed to bring on record the order dated 15th March 2022, whereby eight officials have been confirmed against the existing permanent posts. Name of the petitioner as an Inspector appears at serial number 1 and he is been shown to be confirmed in the post of Inspector with effect from 10.02.2022.

¶3The writ petition WP(C)/7213/2021 was filed by a petitioner at a time when the petitioner was given officiating promotion to post of Inspector, Legal, Meteorology and Consumer Protection, Kohima, Nagaland. This position was sought to be revoked by the order impugned in the writ petition being order No. CLMCP/Esst-163/79 dated 16th December 2021, whereby the officiating promotion of the petitioner to the post of Inspector, Legal, Metrology and Consumer Protection Kohima, Nagaland was revoked as per the directive of the Government Letter number LM/CP-4/7/2018(Pt) dated 12.10.2021. By the said order he was retained as Assistant Inspector in the Office of Assistant Controller, Legal, Metrology and Consumer Protection. The recovery of pay and allowances enjoyed during the period the petitioner was holding officiating charge of the post of Inspector, which was considered to be the irregular period of service by the department, was sought to be recovered. Being aggrieved, the present writ Page No.# 4/5 petition was filed praying for appropriate and adequate orders.

¶4Notice in the matter was issued on 22.12.2021 and till the Returnable date the recovery sought to be made was stayed. The said interim order was extended from time to time. The respondents have filed their affidavits disputing the claims made by the petitioner.

¶5Ms. T. Khro, learned Additional Advocate General, Nagaland appearing for the State submits that this order has been issued by the Department confirming the promotion to the Post of Inspector, Legal, Meteorology and Consumer Protection, Kohima, Nagaland of the petitioner and the date of confirmation is reflected in the order itself. Therefore, she submits that no further cause survives in the present writ petition and the writ petition should be closed.

¶6Mr. R. Dhar, learned counsel appearing for the private respondents Nos. 8 to 11 also does not dispute the factual position in as much as the learned counsel submits that the apprehension of the private respondents were with regard to the seniority which could have been conferred to the petitioner by virtue of his holding charge of the post of Inspector, Legal, Meteorology and Consumer Protection, Kohima, Nagaland. However, since the present Order dated 15.03.2022 has been issued in favour of the petitioner and his date of confirmation is shown as 10.02.2022, they have no grievance in so far as the claim of seniority of the petitioner is concerned which is with effect from

10.02.2022 as per the order of confirmation. The respondent Nos. 8 to 11 were all appointed prior to the petitioner and are therefore senior to the petitioner.

¶7In view of such submissions made by the counsels at the bar since in view of the order dated 15.03.2022, the petitioner has been permanently confirmed in the post of Inspector department of Legal, Meteorology and Consumer Page No.# 5/5 Protection, Kohima, Nagaland and his date of effecting confirmation is shown as

10.02.2022, no further cause survives in the writ petition.

¶8The recovery sought to be initiated of the pay and allowances enjoyed by the petitioner for the irregular period of service also does not survive in view of the confirmation Order dated 15.03.2022. In that view of the matter, the interim order which was granted earlier, stands confirmed and is made absolute.

¶9The writ petition, therefore, stands closed in terms of the above order. The impugned order dated 16.12.2021 has lost its significance and therefore, cannot be enforced during the currency of the order dated 15.03.2022.

¶10Writ petition is disposed of in terms of the above. And accordingly, Interlocutory Application filed is also disposed of in terms of the above.

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC010223552021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/7213/2021o MEZOoMOTONYUoKUOTSUo S/O-oSRIoBIZOoM.oKUOTSO,oR/O-oPHESAMAoVILLAGE,oHOUSENO.o11,oPIN-o 797001,oKOHIMA,oNAGALAND VERSUSo THEoSTATEoOFoNAGALANDoANDo10oORS.o REP.oBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVToOFoNAGALANDo,oKOHIMA 2:THEoCOMMISSIONERoANDoSECRETARY oTOoTHEoGOVERNMENToOFoNAGALANDo oDEPARTMENToOFoLEGALoMETROLOGYoANDoCONSUMERoPROTECTION oNAGALAND KOHIMA 3:THEoADDITIONALoSECRETARY oTOoTHEoGOVERNMENToOFoNAGALANDo oDEPARTMENToOFoLEGALoMETROLOGYoANDoCONSUMERoPROTECTION oNAGALAND KOHIMA 4:THEoJOINToCONTROLLERoANDoHOD oDEPARTMENToOFoLEGALoMETROLOGYoANDoCONSUMERoPROTECTION oNAGALAND KOHIMA 5:THEoASSISTANToCONTROLLERoANDoHOD oDEPARTMENToOFoLEGALoMETROLOGYoANDoCONSUMERoPROTECTION oNAGALAND KOHIMA 6:THEoPRINCIPALoSECRETARY Page No.# 2/5 TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS NAGALAND. 7:THE ACCOUNTANT GENERAL NAGALAND KOHIMA. 8:MS. MHARHONI Z MURRY D/O. SRI ZUBENTHUNG MURRY O/O THE ASSISTANT CONTROLLER LEGAL METROLOGY AND CONSUMER PROTECTION DIMAPUR-797112 NAGALAND. 9:SRI YEMJONG B. N. CHANG S/O. SRI BENSOSIKUM CHANG O/O. THE ASSISTANT CONTROLLER OF LEGAL METROLOGYAND CONSUMER PROTECTION TUENSANG-798612 NAGALAND. 10:SRI NOKSANGYUBA PONGEN S/O. SRI BENDANGWATI AO O/O. THE ASSISTANT CONTROLLER OF LEGAL METROLOGYAND CONSUMER PROTECTION MOKOKCHUNG-798601 NAGALAND. 11:SRI NGANYEI KONYAK S/O. SRI THARA KONYAK O/O. THE ASSISTANT CONTROLLER OF LEGAL METROLOGYAND CONSUMER PROTECTION DIST. MON-798621 NAGALAND Advocate for the Petitioner : MR. P N GOSWAMI Advocate for the Respondent : GA, NAGALAND Page No.# 3/5 BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA