WP(C)/54/2026 of ANUO LONGHO Vs STATE OF NAGALAND AND 15 ORS on 10 September 2026

ORDER

10.07.2025 Heard Mr. R. Iralu, learned Senior Counsel assisted by Mr. L. Iralu, learned counsel for the petitioner; Ms. A Sangtam, learned Standing Counsel, Social Welfare Department, Government of Nagaland for the respondent nos. 1 & 2; Mr. W. Jamir, learned counsel for the respondent nos. 3 - 13. Also heard Mr. Taka Masa, learned Senior Counsel assisted by Mr. Sentilong, learned counsel for the respondent nos. 14, 15 & 16, who have been impleaded today by an Order passed in I.A.[C.] no. 219/2026.

2. The case projected by the petitioner in this writ petition, in brief, is that after being appointed on contractual basis for a period of two years by a Notification dated 31.10.2008 in the post of Child Development Project Officer [CDPO] which was then a Class-II Gazetted Post, the post was subsequently upgraded to Class-I Gazetted and the petitioner continued service in the said upgraded post. Subsequently, the service of the petitioner was regularized as CDPO, Class-I Gazetted by a Notification dated 11.03.2015 w.e.f. 25.02.2015. Thereafter, the petitioner was confirmed in service vide a Notification dated 22.04.2021.

3. In a writ petition, W.P.[C.] no. 126[K]/2019, the aspects of appointment and regularization of the petitioner and seven other CDPOs were questioned by a group of other employees from the Department. The said writ petition came to be dismissed by a Judgment and Order dated 22.12.2023. The writ petitioners therein carried the matter before the Division Bench by way of an intra-court appeal, Writ Appeal no. 5/2024.

4. When the writ appeal, Writ Appeal no. 05/2024 was pending, the Departmental authorities initiated a promotional exercise to fill up the next higher post of the CDPO, that is, the DPO as seven nos. of new posts of DPO were created in the Social Welfare Department by an Order dated 13.12.2024. The petitioner and others who were within the zone of consideration as per the governing rules, were considered for promotion to the said seven newly created posts of DPO.

5. By a Notification dated 28.02.2025, the Social Welfare Department promoted six of the CDPOs, five of whom are impleaded as party respondent nos. 3-7 in the present writ petition, were promoted to the post of DPO. However, by the Notification dated 28.02.2025, the petitioner was not given promotion. It was specifically observed in the Notification to the effect that in respect to the petitioner, one post had been kept vacant until disposal of the case pending before this Court. By the other impugned Order dated 10.04.2026, three other CDPOs, that is, respondent nos. 8, 9 & 10 were promoted from the post of CDPO to the post of DPO.

6. It is the claim of the petitioner that all these respondents, that is, the respondent nos. 3-10 were junior to the petitioner in the cadre of CDPO and therefore, the petitioner is entitled to be promoted to the post of DPO as per her position in the inter-se seniority list from a retrospective date.

7. The respondent nos. 11-16 have got themselves impleaded as party respondents subsequently on the premise that there will be vacancies in the post of DPO very soon and some of them are on the verge of retirement on superannuation. The interim Order dated 24.04.2026, whereby it was inter-alia observed that there shall not be any process for further promotion of the petitioner’s juniors during the pendency of the writ petition, has come in the way for their consideration for promotion.

8. It is submitted at bar that the writ appeal, Writ Appeal no. 05/2024 has been dismissed by a Judgment and Order dated 20.08.2026.

9. Mr. R. Iralu, learned Senior Counsel appearing for the petitioner has submitted that with the dismissal of the writ appeal, Writ Appeal no. 05/2024 the cloud hovering over appointment and regularization of the petitioner has been cleared. Therefore, there cannot be any impediment for the State respondents now to consider the case of the petitioner for promotion to the post of DPO taking into account her inter-se seniority position in the cadre of CDPO, since a post of DPO has already been kept reserved by the Order dated 28.02.2025.

10. Ms. Sangtam, learned Standing Counsel, Social Welfare Department appearing for the respondent nos. 1 & 2 has submitted that after dismissal of the writ appeal, Writ Appeal no. 05/2024 the Departmental authorities are considering the case of the petitioner for promotion to the post of DPO as one post has already been kept vacant, pending outcome of the proceedings against the petitioner in the form of Writ Appeal no. 05/2024. Ms. Sangtam has further submitted that the case of the petitioner for promotion to the post of DPO is already under process and the petitioner’s case for retrospective seniority in accordance with her inter-se seniority position will also be considered during the exercise.

11. As the case of the petitioner for her promotion to the post of DPO, which has already been kept vacant by the Order dated 28.02.2025, is going to be considered by the respondent authorities in the Social Welfare Department along with the issue of her retrospective promotion as per her position in the inter-se seniority list maintained by the Department, this Court is of the view, and the learned counsel for the parties are also in agreement, that the writ petition can be disposed of with the following observations and directions :- [i] As the appeal pending against the writ petitioner, Writ Appeal no. 05/2024 has already been dismissed by a Judgment and Order dated 20.08.2026, the respondent authorities in the Social Welfare Department, Government of Nagaland shall consider the case of the petitioner for promotion from the post of CDPO to the post of DPO at the earliest. As the process has already been initiated, as submitted by Ms. Sangtam, learned Standing Counsel, Social Welfare Department, it is directed that the process be completed with expedition, preferably within a period of one month from today. While considering the case of the petitioner for promotion to the post of DPO, the respondent authorities shall also consider her claim for promotion with retrospective effect, by taking into account her position in the inter-se seniority list maintained by the Department and in accordance with the governing rules and regulations. [ii] As there will arise vacancies soon in the post of DPO in the Social Welfare Department, as projected by the party respondent nos. 11-16, the respondent authorities in the Social Welfare Department, as and when it initiates the exercise for promotion to fill up those vacancies, shall take into account the inter-se seniority positions of the party-respondent nos. 11-16 along with all other employees in the cadre of CDPO and other equivalent posts for the zone of consideration.

12. With the above observations and directions, and recalling the interim Order dated 24.04.2026, the writ petition is disposed of. No cost.

JUDGE Comparing Assistant