Page No.# 1/11 GAHC020001302025 2025:GAU-NL:570 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/45/2025 SHRI WORHONTHUNG EZUNG R/O - H/NO 50, SECTOR F, TSAKOU, MERIEMA, DISTRICT KOHIMA, NAGALAND PRESENTLY SERVING AS DEPUTY SECRETARY, NAGALAND INFORMATION COMMISSION, KOHIMA, NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS NAGALAND KOHIMA 3:THE FINANCE COMMISSIONER GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA 4:SMTI SUNGTILA JAMIR NCS SECRETARY NAGALAND INFORMATION COMMISSION KOHIMA NAGALAND Page No.# 2/11 5:THE NAGALAND INFORMATION COMMISSION KOHIMA NAGALAND REPRESENTED BY ITS SECRETARY Advocate for the Petitioner : LIMAWAPANG, PFOSEKHO PFOTTE,K. AREPLA CHANG Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR ORDER Date : 24-11-2025 Heard Mr. Limawapang, learned counsel for the petitioner. Also heard Mr. N. Angami, learned Government Advocate for the State respondents and Ms. Limika Kinimi, learned counsel for the respondent nos. 4 and 5. 2. The petitioner by way of instituting the present proceeding has assailed the notification dated 13.11.2023 as well as the notification dated 17.02.2025. 3. The government vide a notification dated 16.01.2008, was pleased to create the post of Secretary and Under Secretary, amongst other posts, for the State Information Commission (SIC). The Post of Secretary carried a pay scale of Rs 14,300-18,300, while the post of Under Secretary carried a pay scale of Rs. 10,000- 15,200. Vide notification dated 12.10.2010, the post of Secretary was, thereafter, downgraded to that of the level of Deputy Secretary Page No.# 3/11 in the pay scale of Rs. 12,000–16,500 and the post was allowed to be held by one Soyimna Aier, NPS, on deputation. It was further stipulated in the notification dated 12.10.2010, that the down- gradation of the post of Secretary would be temporary and will be co-terminus with the appointment of said Soyimna Aier. 4. The authorities, thereafter, proceeded to initiate a recruitment process, for recruitment to the post of Secretary and Under Secretary, by way of issuance of a circular dated 02.11.2010. Upon issuance of the said circular, there being no application received for the post of Under Secretary of the Commission, the Chief Information Commissioner, Nagaland, vide Communication dated 14.12.2010, approached the Government and, therein, proposed to recruit the petitioner, herein, on deputation basis, in the Commission as its Under Secretary. The petitioner was projected, therein, to possess the requisite qualifications for the post. Accordingly, vide notification dated 09.06.2011, the petitioner, herein, was appointed as the Under Secretary of the State Information Commission, on deputation basis. The petitioner was, thereafter, vide notification dated 17.01.2015, permanently absorbed in the services of the State Information Commission (SIC), against the post of Under Secretary in the scale of pay authorized to the said post. 5. The petitioner having being absorbed as a permanent employee in the services of the Commission, proposals came to be initiated for upgrading the post of Under Secretary held by the petitioner to that of Deputy Secretary. Thus, vide notification dated 03.07.2015, the Page No.# 4/11 petitioner, herein, was granted officiating promotion to the post of Deputy Secretary, Nagaland Information Commission (NIC) in the pay band of Rs. 15,600-39,000, with grade pay of Rs. 7600. The said officiating promotion was stipulated to have been effected against the post vacated by said Soyimna Aier. Thereafter, vide notification dated 28.11.2015, the post of Deputy Secretary, Nagaland Information Commission (NIC) held by the petitioner herein, was a re-designated as Secretary in the scale of pay of Rs. 15,600-39,100 with grade pay of Rs. 7600. The services of the petitioner was thereafter confirmed in the services of the Nagaland Information Commission (NIC). The petitioner although was granted the officiating promotion as noticed, above, he continued to draw his pay and allowances against his substantive post of Under Secretary. 6. Thereafter, vide circular dated 29.07.2015, a process was initiated for recruitment against the post of Under Secretary in the Commission, on deputation basis. In pursuance to the selection process held, Dr. N. Renthungo Jungio was appointed on deputation basis against the vacant post of Under Secretary in the Commission and the incumbent continued against the said post for the period of his deputation, i.e., for a period of two years, and thereafter he was released from the services of the Commission, w.e.f. 31.05.2018. 7. At this stage it is to be noticed that the respondent authorities vide issuance of a notification dated 09.08.2019, proceeded to notify the post of Deputy Secretary, re-designated as Secretary was held by the petitioner, herein, in the Commission, and the petitioner was Page No.# 5/11 relieved from the post of Secretary and reverted back to original post as Deputy Secretary, Nagaland Information Commission (NIC) in the pay band of Rs. 15,600-39,100 with grade pay of Rs. 7,600 per month, plus all other allowances permissible under rules consequent upon the posting of one Obangla Jamir, NCS, Secretary, Nagaland Information Commission (NIC) w.e.f. the date of taking over the charge. The said notification would mean that the petitioner was allowed to continue in his service with the status of Deputy Secretary, whereas, there was no such post available in the Commission. 8. It is seen that the respondents vide notification dated 28.02.2022 again temporarily downgraded the post of Secretary (in the grade of Joint Secretary) to that of Deputy Secretary of the Commission. Such down-gradation was stipulated to have been so done with the clearance of the P&AR Department, as well as the concurrance of the Finance Department accorded on 21.09.2021. 9. Thereafter, a process was initiated by the Nagaland Information Commission, for obtaining ex-post facto approval for the officiating promotion of the petitioner, herein, as the Deputy Secretary of the Commission. A proposal was also moved for the upgradation of the post of Under Secretary to that of Deputy Secretary, by treating the same to be personal to the petitioner, herein. The matter on being placed before the P&AR Department, vide notification dated 05.09.2022, the said Department conveyed its approval for up- gradation of the post of Under Secretary to that of Deputy Secretary Page No.# 6/11 in the Nagaland Information Commission (NIC), by making the same personal to the incumbent, i.e., the petitioner herein. The note also provided that the post so up-graded would revert back to the original post of Under Secretary, Nagaland Information Commission, as and when the petitioner vacates the same. 10. The Finance Department, thereafter, vide its endorsement dated 22.09.2022, had not concurred to the up-gradation of the post of Under Secretary to that of Deputy Secretary, but had reiterated its earlier concurrence for down-gradation of the post of Secretary in the Commission to that of Deputy Secretary, as accorded earlier vide P&AR Department's notification dated 28.02.2022. The said process being undertaken, the respondent authorities vide notification dated 17.02.2025, proceeded to direct one Sungtila Jamir, NCS, Joint Secretary, Sericulture, to hold the additional charge of Secretary, Nagaland Information Commission (NIC). 11. The facts as noticed herein would bring to the forefront that in the Commission, vide notification dated 16.01.2008, no post of Deputy Secretary was created. The creation was of the post of Secretary and Under Secretary with the appropriate scale of pay being authorized to such posts. The petitioner, herein, was admittedly recruited as Under Secretary, however, he was permitted to hold the charge of the post of Deputy Secretary. The post of Deputy Secretary which the petitioner was directed to hold charge was the post of Secretary, which was temporarily downgraded to accommodate one Soyimna Aier, vide notification dated 12.10.2010. Page No.# 7/11 It is seen that the petitioner, thereafter, had continued to discharge his duties with the status of Deputy Secretary, Nagaland Information Commission (NIC), and as noticed herein above, the respondent authorities again had vide notification dated 09.08.2019, on up- gradation of the post of Deputy Secretary to that of Secretary, reverted the petitioner as the Deputy Secretary, Nagaland Information Commission(NIC). 12. The respondents are seen to have passed inconsistent orders/notifications, in the matter with regard to the holding of the post of Secretary in the Nagaland Information Commission (NIC). The down-grading of the post of Secretary to that of Deputy Secretary vide notification dated 12.10.2010, was for a temporary period, till the continuation against the said post by said Soyimna Aier. However, the post of Secretary is seen to have been, thereafter, upgraded, but the petitioner herein continued with the status of Deputy Secretary of the Nagaland Information Commission (NIC), although there was no such post. It is also seen that the post of Under Secretary against which the petitioner was recruited on deputation and absorbed subsequently in the Commission, was also put up for recruitment and an incumbent was found to have functioned in the said post for a limited period of time. The post available, which is permissible to be held by the petitioner herein, is the post of Secretary, which was also downgraded although, for a temporary period. Although, the factors noticed by this Court with regard to the manner in which the post of Secretary, created in the Commission, was dealt with by the authorities, this Court finds that Page No.# 8/11 the petitioner was permitted to discharge the duties all along, with the status of a Deputy Secretary. 13. The Nagaland Information Commission (NIC), as well as the Personnel &Administrative Reforms Department, although were in favour of upgrading the post of Under Secretary to that of Deputy Secretary, the Finance Department is found to have not concurred with the said proposal. The Finance Department concurrence was to the effect of downgrading the post of Secretary to that of Deputy Secretary and the said position was so brought on record vide an endorsement dated 22.09.2022. 14. While the petitioner was permitted to continue as the Deputy Secretary of the Commission vide the notification dated 09.08. 2019 issued in this connection, this Court finds that the said notification has not been subsequently modified and/or withdrawn. Accordingly, it is to be held that the petitioner, herein, continuing as the Deputy Secretary of the Commission, a post of Deputy Secretary not being available, this Court is of the considered view that before resolution of the issue with regard to the post, the petitioner would occupy while continuing as the Deputy Secretary of the Commission, the issuance of the notification dated 17.02.2025, allowing one Sungtila Jamir, NCS, Joint Secretary, Sericulture to hold the additional charge of Secretary, Nagaland Information Commission (NIC) has caused further confusion in the matter. 15. 15. The learned counsels for the parties were heard at length and Page No.# 9/11 they have made their submission in the lines of their respective pleadings, and accordingly, the same is accordingly not reiterated here. 16. Having noticed the manner in which the post of Secretary created in the Commission, initially, vide the notification dated 16.01.2008, is being dealt with by the respondent authorities, this Court is of the considered view that the matter would require due consideration of the respondent authorities, and a resolution, thereof, is now mandated to be worked out. 17. The issue being one of creation of post and/or the manner in which a post created in an organization is being dealt with, this Court at this stage is refraining from passing directions as to the manner in which the post of Secretary of the Commission is to be operated. However, this Court cannot lose sight of the fact that the petitioner herein was permitted to function as the Deputy Secretary of the Commission, and the notification at 09.08.2019 issued in this connection is not found to have been withdrawn, and accordingly, he is held to be continuing as the Deputy Secretary of the Nagaland Information Commission (NIC). 18. In view of the above discussion, this Court is of the considered view that the notification dated 17.02.2025, to the extent of posting of said Sungtila Jamir, NCS, Joint Secretary, Sericulture to hold the additional charge of Secretary, Nagaland Information Commission (NIC) would not be sustainable, inasmuchas, there is no clarity Page No.# 10/11 about the status of the post of Secretary, initially created in the Commission. 19. Accordingly, they said notification, dated 17.02.2025, to the extent it requires holding of the post of Secretary, Nagaland Information Commission (NIC) by Sungtila Jamir, NCS, Joint Secretary, Sericulture stands set aside. 20. Having interfered with the said notification dated 17.02.2025, this Court directs the respondents to resolve the issue of the post to be held by the petitioner in the Commission, while continuing therein with the status of Deputy Secretary, more particularly in terms of the stipulations contained in the notification dated 09.08.2019. The respondent authorities would now arrive at a decision as to whether the petitioner would be required to be continued as the Deputy Secretary of the Commission, and if yes, the post against which he would be posted against. The respondents shall also arrive at a decision, either to upgrade the post of Under Secretary of the Commission to that of Deputy Secretary or downgrade the post of Secretary to that of Deputy Secretary, for the purpose of continuance of the petitioner as the Deputy Secretary of the Commission. 21. On a decision being arrived at in the matter, the respondents shall also consider as to the date from which the petitioner would be required to be extended his pay and allowances against the post of Deputy Secretary and in terms of such decision, be released his due Page No.# 11/11 pay and allowances against the post of Deputy Secretary of the Commission. 22. The said exercise would now be undertaken and concluded by the respondent authorities with passing of final orders, determining the manner in which the petitioner herein shall hold the post of Deputy Secretary of the Commission within a period of (3) three months from the date of receipt of a certified copy of this order. 23. Till the determination as directed, herein, above is made by the respondent authorities, the petitioner shall be permitted to continue as the Deputy Secretary of the Commission in terms of the notification dated 09.08.2019. However, such arrangement now directed to be made by this Court, would be superseded by the determination required to be made by the respondent authorities in terms of the directions passed herein above, with regard to the manner in which the petitioner herein shall hold the post of Deputy Secretary of the Commission. 24. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant