VidhiSangh

Supreme Court of India · 11/10/2022

SMT. IMLIKOKLA LONGCHAR & ORS versus THE STATE OF NAGALAND & ORS.

[2022] 17 S.C.R. 491 · 2022 INSC 1064

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

Four lecturers in Nagaland's SCERT service officiated as senior lecturers and were regularised in November 2007 with retrospective effect. The fourth respondent had been regularised as senior lecturer from 16 January 2004, before the Service Rules, 2003 took effect on 30 April 2007. Relying on her 2005 regularisation Memorandum, the DPC kept placing the appellants above her, and the High Court set aside its 2015 recommendation. The Supreme Court upheld that decision. Unless the rules provide otherwise, officiating or ad hoc service in a higher post does not count, and a person enters the cadre only on regularisation. The appellants' regularisation was governed by the 2003 Rules, which require five years' regular feeder service, and they did not meet that requirement. A Memorandum clause cannot override rules made under Article 309.

Issues

  1. Whether the appellants' officiating service as senior lecturers could count towards seniority over a colleague regularised in that cadre before their own regularisation.
  2. Whether the five-year feeder-service requirement in the Nagaland SCERT Service Rules, 2003 applied to the appellants' regularisation in November 2007 with retrospective effect.
  3. Whether a clause in the 2005 Cabinet Memorandum regularising the respondent could override the 2003 Rules.
  4. Whether Girish Kumar v State of Maharashtra on 'continuous service' helped the appellants.

Provisions considered

Held

Result

Appeal dismissed. The High Court's judgment setting aside the DPC's recommendation of 2 November 2015 was upheld, and the authorities were to fix the seniority of the appellants and the fourth respondent in terms of this judgment. No costs.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 491.