Mhabemo Ovung vs. M. Moanungba
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Order Issued After Hearing
Purpose:
First Hearing
Listed On:
8 Nov 2021
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Order Text
ITEM NO.6 Court 6 (Video Conferencing) SECTION XIV S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 1136/2022 (Arising out of impugned final judgment and order dated 09-09-2021 in WA No. 4/2020 passed by the High Court Of Gauhati At Kohima) THE STATE OF NAGALAND & ORS. Petitioner(s) VERSUS M. MOANUNGBA & ORS. Respondent(s) (FOR ADMISSION and I.R. ) Date : 07-02-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. K.N. Balgopal, Sr. Adv. Mr. G. Ramakrishna Prasad, Adv. Mr. Mohit Kumar Gupta, Adv. Mr. Byrapaneni Suyodhan, Adv. Ms. Tatini Basu, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R
Learned counsel for the petitioners contends that they have no quibble with the proposition of regularization of the persons who were originally given appointment on contractual basis and then regularized in the cadre and also given the promotional post but they cannot be given retrospective seniority from the date of contractual appointment but can only get it on the basis of regularization as otherwise the inter se seniority with the direct appointees would be disturbed.
Issue notice on the Special Leave Petition as also on the prayer for interim relief returnable in six weeks.
Tag with SLP [C] No.17102/2021. Dasti in addition.
(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)