I.A.(Civil)/188/2026 of ANUO LONGHO Vs STATE OF NAGALAND AND 9 ORS on 19 August 2026

ORDER

20.08.2026

1. Mr. L. Iralu, learned counsel appearing for the petitioner/applicant who has filed this application with prayer to amend the WP(C) No.54/2026 in terms of the proposed amendments sought for at paragraph 5 of this application, as follows :- "9.1 That the petitioner has now learnt that pursuant to the recommendation of the Departmental Promotion Committee dated 30.01.2026, the officiating promotions granted to respondent No.3 to 7 under the notification dated 28.02.2025 were regularised by a notification No.SW/1/ESTT/DPC-2/2022 dated 02.02.2026 with effect from 01.03.2025. The petitioner was neither furnished with the proceedings of the said DPC nor informed whether her case was considered therein. Inasmuch as the petitioner continued to remain excluded from consideration for promotion while the promotions of her juniors were regularised, notification the dated 02.02.2026 is also liable to be interfered with to the extent necessary. Copy of the notification dated 02.02.2026 is annexed herewith and marked as ANNEXURE-14A"

II. Substitute second paragraph of paragraph 10 with: "By reason of the aforesaid promotions culminating in the notifications dated 28.02.2025, 02.02.2026 and 10.04.2026, eight officers junior to the petitioner (five in the first batch and three in the second batch) have been promoted ahead of her, causing grave and continuing prejudice to her service career, seniority, promotional prospects and future pensionary benefits."

III. Substitute paragraph 13 with: "13. That the petitioner submits that the subject matter herein concerns the promotions accorded vide the notifications dated 02.02.2026 28.02.2025, and 10.04.2026 to the exclusion of the petitioner, which are distinct from the issues pending adjudication in Writ Appeal No.5/2024 relating to the validity of her appointment and regularization. The petitioner continues to discharge full duties as substantive CDPO without interruption as of date."

IV. Substitute paragraph 18 with:

"18. That the petitioner further submits that she is not aware whether her case was considered in either of the DPC proceedings held on 30.01.2026 and 08.04.2026. The petitioner therefore seeks production of the entire records relating to the DPC proceedings dated 30.01.2026 and 08.04.2026 and reserves liberty to assail the same upon disclosure, if necessary." V. Substitute paragraph 19 with: "19. That if the petitioner was excluded from consideration in the DPC proceedings dated 30.01.2026 and/or 08.04.2026 solely on account of the pendency of Writ Appeal No.5/2024, such exclusion is ex facie illegal, as no service rule recognizes the mere pendency of an appeal as a or embargo against disqualification consideration for promotion."

VI. Substitute Prayer B with: "B. Quash and/or suitably modify the notifications dated 28.02.2025 and 02.02.2026 to the extent the respondent Nos. 3 to 7/officers junior to the petitioner were granted officiating promotion and subsequently regularised in the post of DPO without lawful consideration of the petitioner's claim."

VII. Substitute Prayer F with: "F. Call for and produce before this Hon'ble Court the entire records relating to the Departmental Promotion Committee proceedings held on 30.01.2026 and 08.04.2026 and all connected records culminating in the notifications/dated

02.02.2026 and 10.04.2026."

2. Mr. Wati Jamir, learned counsel appearing for the respondent Nos. 3 to 10 submits that he has no objection to the petition being allowed.

3. Considering the submissions made by the learned counsel for the parties, the prayer for amendment of the petition, as sought for, is allowed.

4. The petitioner/applicant is directed to file the amended petition within 1 (one) week.

5. List accordingly. JUDGE Comparing Assistant