2 was promoted to the post of Additional Chief Engineer.
1 was accepted by the learned Single Judge of the High Court.
It is number disputed that companysequent upon the direction of the High Court, the Government took a decision in the year 1997 whereby the Government appropriately amended the relevant Ruler on the basis of they having rendered meritorious service.
Aggrieved, the State of Nagaland preferred a letters patent appeal which was allowed and order and judgment of the learned Single Judge was set aside.
In the view of the matter, respondent No.
It is number disputed that companysequent upon the direction of the High Court, the Government took a decision in the year 1997 whereby the Government appropriately amended the relevant rules and brought in the line with the original approved Rules so as to include the reference to eligibility of cases of exceptionally meritorious person who are diploma holders for promotion to the post of Additional Chief Engineer with retrospective effect i.e. from 12.9.1996.
1 who is a degree holder by means of a petition under Article 226 of the Constitution on the ground that respondent number 2 was number eligible for being promoted to the post of Additional Chief Engineer as the said post is to be filled up 100 per cent from amongst the degree holders.
This promotion was challenged by respondent No.
This companytention of respondent No.
The Respondent No.
1 filed an application before the Division Bench for review of the order and judgment dated 4.9.1995.
Consequently, the promotion of respondent No.
The Division Bench while allowing the appeal directed the State Government to decide whether the diploma holders companyld also be promoted to the post of Additional Chief Engineer under the relevant Rules on the basis of they having rendered meritorious service.
2 in C.A. No.
2 as Additional Chief Engineer.
2536/1998 is a diploma holder and at the relevant time was working as officiating Superintending Engineer.
On 26.3.1991, the Government of Nagaland promoted respondent No.
2533/1998 and appellant in C.A. No.
In between time, respondent No.
