Page No.# 1/11 GAHC020006892026 2026:GAU-NL:491 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/140/2026 SMTI. SAMSAM LORIN AND 21 ORS AGRICULTURE OFFICER, D/O SHRI THANDU KEZ, POSTED AT SUB- DIVISIONAL AGRICULTURE OFFICE (SDAO), TSEMINYU, NAGALAND-797109 2: SMTI. T. VIKALI AGRICULTURE OFFICER D/O SHRI TOHOVI AYE POSTED AT DISTRICT AGRICULTURE OFFICE (DAO) ZUNHEBOTO NAGALAND-798620 3: SMTI. LIBENI YANTHAN AGRICULTURE OFFICER D/O SHRI. A. CHENIO YANTHAN POSTED AT AGRI EXPO 4TH MILE CHUMOUKEDIMA NAGALAND 797115 4: SHRI AKUMMEREN AGRICULTURE OFFICER S/O LT. I. SAKULEPDEN POSTED AT CENTRAL STORE DIMAPUR NAGALAND-797112 5: SHRI. IMKONGYANGER AGRICULTURE OFFICER S/O SHRI TEKAWATI POSTED AT DISTRICT AGRICULTURE OFFICE (DAO) NIULAND Page No.# 2/11 NAGALAND-797112 6: SHRI IMKONGTOSHI AGRICULTURE OFFICER S/O SHRI P.IMTILEPDEN AO POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) TULIYONG WARD TULI TOWN MOKOKCHUNG NAGALAND-798618 7: SHRI ALEMBA JAMIR AGRICULTURE OFFICER S/O LT. WATI YADEN POSTED AT DISTRICT AGRICULTURE OFFICE PHEK TOWN NAGALAND-797108 8: DR. BENDANGMENLA TZUDIR AGRICULTURE OFFICER D/O LT. DR. S.R. SOSANG TZUDIR POSTED AT DIRECTORATE OF AGRICULTURE NAGALAND KOHIMA-797001 9: SHRI IMOSANEN AGRICULTURE OFFICER S/O LT. N. LANUKABA POSTED AT OFFICE OF THE PRINCIPAL INTEGRATED EXTENSION TRAINING CENTRE (IRTC) MEDZIPHEMA CHUMOUKEDIMA NAGALAND-797106 10: SHRI KEKHANGULA DOMEH AGRICULTURE OFFICER S/O VOBA DOMEH POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) PFUTSERO PHEK NAGALAND-797107 11: SHRI L. BUKHEI AGRICULTURE OFFICER S/O SHRI LUSANG POSTED AT DISTRICT AGRICULTURE OFFICE (DAO) NOKLAK NAGALAND-798626 Page No.# 3/11 12: SHRI KHEKAVI K. JIMO AGRICULTURE OFFICER S/O SHRI KHEKUTO S. JIMO POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE AGHUNATO ZUNHENOTO NAGALAND-798620 13: SHRI DZIESEVIZO DZUVICHU AGRICULTURE OFFICER S/O LT. NEISETSO DZUVICHU POSTED AT DIRECTORATE OF AGRICULTURE NAGALAND KOHIMA-797001 14: SHRI S. AKUMTOSHI AGRICULTURE OFFICER S/O SHRI T SUSANG AO POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE TIZIT NAGALAND-798602 15: SMTI. CHUBARENLA LONGKUMER AGRICULTURE OFFICER D/O SHRI WAICHIBA LONGKUMER POSTED AT DISTRICT AGRICULTURE OFFICE WOKHA NAGALAND-797111 16: SHRI CHASO AO AGRICULTURE OFFICER S/O LT. SASHISANGBA POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE MANGKOLEMBA MOKOKCHUNG NAGALAND-798604 17: SMTI. PEUSUISILE LIEGISE S/O LT. BWALOIHEUNG LIEGISE POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) TENING PEREN NAGALAND-797101 18: SHRI YIMKUMBA AGRICULTURE OFFICER S/O SHRI SAKUTEMSU POSTED AT SUB-DIVISIONAL OFFICE (SDAO) MOKOKCHUNG NAGALAND-798601 Page No.# 4/11 19: SHRI NUNGSANGMONGBA AGRICULTURE OFFICER S/O LEPDEN IMSONG POSTED AT DISTRICT AGRICULTURE OFFICE (DAO) KIPHIRE NAGALAND 20: SHRI YASANG NGULLIE AGRICULTURE OFFICER S/O LT. THUNGBEMO POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) JALUKIE PEREN NAGALAND-7977110 21: SHRI K. KIKATO ZHIMOMI AGRICULTURE OFFICER S/O LT. P.KUGHAHO ZHIMOMI POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) SATAKHA ZUNHEBOTO NAGALAND-798620 22: SMTI. CHUMYANI OVUNG AGRICULTURE OFFICER D/O SSHRI ORENSAO OVUNG POSTED AT SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) BAGHTY WOKHA NAGALAND-79711 VERSUS THE STATE OF NAGALAND AND 10 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND- 797001 2:THE PRINCIPAL SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS (P AND AR) NAGALAND KOHIMA-797001 3:THE AGRICULTURE PRODUCTION COMMISSIONER GOVT. OF NAGALAND KOHIMA-797001 4:THE DIRECTOR Page No.# 5/11 DEPARTMENT OF AGRICULTURE GOVT. OF NAGALAND KOHIMA-797001 5:DR. MOASUNEP AGRICULTURE OFFICER OFFICE OF THE PRINCIPAL INTEGRATED EXTENSION TRAINING CENTRE (IETC) AGRI COLONY MEDZIPHEMA NAGALAND-797106 6:SMTI NEIVAH HANGSING AGRICULTURE OFFICER SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) JALUKIE PEREN NAGALAND-797110 7:SMTI LEAH AGRICULTURE OFFICER SUB-DIVISIONAL AGRICULTURE OFFICE CHUMOUKEDIMA NAGALAND-797103 8:SMTI. ALIHO SHIKHU AGRICULTURE OFFICER DIRECTORATE OF AGRICULTURE NAGALAND KOHIMA 9:SHRI MHALEVILIE THORIE AGRICULTURE OFFICER DISTRICT AGRICULTURE OFFICE KOHIMA BELOW AG OFFICE AG COLONY NAGALAND-797001 10:SHRI NEISAKUO N. ANGAMI AGRICULTURE OFFICER SUB-DIVISIONAL AGRICULTURE OFFICE (SDAO) CHIEPHOBOZOU NAGALAND KOHIMA-797105 11:SHRI ISAC INAKHE YEPTHOMI AGRICULTURE OFFICER DISTRICT AGRICULTURE OFFICE (DAO) ZUNHEBOTO NAGALAND-79862 Page No.# 6/11 Advocate for the Petitioner : C. T. JAMIR, SR. ADV, O TEMJEN JAMIR,JAWAMONG YADEN,IMTILA PONGEN,NUNGSANG AIER,KROVI TSUKRU,TOSHI JAMIR,ASA RUTSA,ALIBA OZUKUM,I IMCHEN Advocate for the Respondent : GOVT ADV NL, BEFORE: HON'BLE MR. JUSTICE DEVASHIS BARUAH Advocate for the Petitioners : Mr. C. T. Jamir, Sr. Adv. : Mr. I. Imchen, Adv. Advocate for the State Respondents : Mr. N. Angami, Sr. Govt. Adv Advocate for the Private Respondents : Mr. I. Jamir, Adv. Date on which judgment is reserved : 21.09.2026 Date of pronouncement of judgment : 21.09.2026 Whether the pronouncement is of the operative part of the judgment ? : N/A Whether the full judgment has been pronounced? : Yes JUDGMENT & ORDER (ORAL) Heard Mr. C. T. Jamir, learned Senior Counsel assisted by Mr. I. Imchen, learned counsel appearing on behalf of the Petitioners, Mr. N. Angami, learned Senior Government Advocate appearing on behalf of the Respondent Nos. 1 to 4 and Mr. I. Jamir, learned counsel appearing on behalf of the Respondent Nos.5 to 11. Page No.# 7/11 2. The Petitioners herein have approached this Court being aggrieved by the rejection of 2 (two) representations against the Tentative Seniority List dated 15.12.2025 and non-consideration of another representation which was submitted objecting to the Tentative Seniority List. 3. It is the case of the Petitioners that admittedly, the Petitioners herein who are departmental promotees were promoted to the post of Agriculture Inspector w.e.f. 15.09.2017 and the Private Respondents were appointed as direct recruits to the post of Agriculture Inspector & Agricultural Marketing Inspector (Class-III Non-Gazetted) on 30.11.2017. It is the case of the Petitioners that by virtue of the Rules made under the Proviso to Article 309 of the Constitution namely the Nagaland Agricultural Services (Gazetted & Non-Gazetted) Rules 2011 (for short ‘the Rules of 2011’) and more particularly in terms with Rule 19 as the Petitioners herein were promoted to the cadre of Agriculture Inspectors prior to the Private Respondents, the seniority has to be counted accordingly on the basis of date of entry into the cadre. 4. Mr. C. T. Jamir, learned Senior counsel appearing on behalf of the Petitioners submitted that in the impugned Tentative Seniority List, the Petitioners who were promoted to the post of Page No.# 8/11 Agriculture Inspectors prior to the Private Respondents have been pushed below the Private Respondents though they entered into the service much later. The learned Senior counsel further submitted that though the Rules of 2011 do not make any reference to the Office Memorandum dated 09.06.1966 but if the said Office Memorandum and more particularly the Explanation to Clause 4 of the Memorandum dated 09.06.1966 is taken into consideration then also, the Tentative Seniority List is to the settled principles of seniority inasmuch in terms with the Explanation where the reservation for each source is 50%, the order of seniority shall be (i) Promotee (ii) Direct recruit (iii) Promotee (iv) Direct recruit and so on. This aspect has also not been taken into consideration. 5. It is also the submission of the learned Senior counsel that in the meantime, based upon the impugned Tentative Seniority List, in spite of objections being pending, the Respondent Authorities are taking steps for promoting the Private Respondents thereby causing further prejudice to the Petitioners. 6. This Court has duly heard the learned counsels appearing on behalf of the Respondents who submitted that the instant Writ petition is not maintainable taking into account that the Seniority List assailed in the proceedings is a Tentative Seniority Page No.# 9/11 List which is yet to be finalized. The cause of action on the part of the Petitioners could only have arisen after the Final Seniority List is published. 7. This Court has given anxious consideration to the respective submissions. 8. In the present proceedings, it is pertinent to observe that there is no challenge to any promotional orders. What is challenged primarily is the Tentative Seniority List which was issued on 15.12.2025. This Court has also taken note of that the Petitioners have initially submitted a Representation on 20.01.2026 and pursuant thereto, a communication was issued on 16.02.2026 to the Petitioners by the Director of Agriculture that the Tentative Seniority List has been rectified on the basis of Rule 19 (iii) (b) of the Rules of 2011. The Petitioners, thereupon, submitted another Representation dated 16.03.2026 which was also disposed of by the communication dated 16.06.2026. Subsequent thereto, the Petitioners have submitted a representation dated 14.07.2026 categorically again pointing out that there cannot be a retrospective seniority granted to a Government servant who was not borne in the cadre and the Petitioners were promoted ahead of the Private Respondents who were directly recruited as Agriculture Inspectors. It is Page No.# 10/11 further mentioned that as no Final Seniority List was issued, the Government may take corrective measures and rectify the Tentative Seniority List. As the said representation was not considered, the Petitioners have approached this Court. 9. It is the opinion of this Court that as the Final Seniority List is yet to be published, to enter into the dispute so raised by the Petitioners qua the Tentative Seniority List, would be pre- adjudicating an issue which is now pending before the Government. It is also the opinion of this Court that if any promotion is granted on the basis of the Tentative Seniority List, the same shall be always subject to the Final Seniority List. 10. Accordingly, this Court, therefore, disposes of the instant Writ petition with the following observations and directions:- (i) The Respondent Authorities herein are directed to consider the representation dated 14.07.2026 submitted by the Petitioners and thereupon, take effective steps for publication of the Final Seniority List. (ii) If the Petitioners are aggrieved by the Final Seniority List or any further steps taken on the basis of the Final Seniority List, the Petitioners would be at liberty to Page No.# 11/11 approach this Court. 11. The interim order passed earlier stands vacated. JUDGE Comparing Assistant