Page No.# 1/10 GAHC020008202024 2026:GAU-NL:276 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/310/2024 SMTI IMTINARO JAMIR AGED ABOUT 39 YEARS D/O SHRI I. CHUBATEMSU JAMIR PRESENTLY SERVING AS ADMIN AND ACCOUNTS EXPERT CENTRAL INSTITUTE OF HORTICULTURE MEDZIPHEMA NAGALAND VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE KRISHI BHAWAN NEW DELHI - 110001 2:THE HORTICULTURE COMMISSIONER DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE GOVERNMENT OF INDIA KRISHI BHAWAN NEW DELHI - 110001 3:THE ADDITIONAL COMMISSIONER(HORT-FRUIT) Page No.# 2/10 DEPARTMENT OF AGRICULTURE AND FARMERS WELFARE DEPARTMENT OF AGRICULTURE GOVERNMENT OF INDIA KRISHI BHAWAN NEW DELHI - 110001 4:THE DIRECTOR CENTRAL INSTITUTE OF HORTICULTURE DEPARTMENT OF AGRICULTURE MINISTRY OF AGRICULTURE AND FARMERS WELFARE MEDZIPHEMA DISTRICT - CHUMOUKEDIMA NAGALAND. ------------ Advocate for : T. B. JAMIR Advocate for : CGSC appearing for THE UNION OF INDIA AND 3 ORS BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR JUDGMENT AND ORDER (ORAL) Date:-19-05-2026 Heard Mr. T. B. Jamir, learned counsel along with Mr. I. Jamir, learned counsel for the petitioner. Also heard Mr. B. Deka, learned CGSC along with Ms. K. Tsukru, learned counsel appearing for the respondents. 2. The petitioner, by way of instituting the present writ petition, has prayed for the following reliefs:- “A. Direct the respondents to absorb/regularize the service of the petitioner since her initial appointment as PA to Director in CIH, Page No.# 3/10 Medziphema. B. Further, direct the respondents to absorb/regularize the service of the petitioner as Admin & Accounts Expert in CIH, Medziphema.” 3. The respondent no. 4, vide advertisement dated 13.02.2009, invited applications, amongst others, for the post of Personal Assistant (PA) to the Director, Central Institute of Horticulture, Medziphema, on contractual basis for a period of 6 (six) months. The petitioner, having found that she satisfies the eligibility criteria, as set out in the advertisement dated 13.02.2009, had submitted her application for recruitment against the said post. Thereafter, the petitioner had participated in the selection process and on conclusion of the selection process, the concerned Selection Committee had recommended the name of the petitioner for engagement against the post of Personal Assistant to the Director of the Institute. The recommendation of the Selection Committee having been approved by the competent authorities, the petitioner was offered an appointment vide order dated 27.11.2009, against the post of Personal Assistant (PA) to the Director of the Institute, on contract basis, initially for a period of 6 (six) months. The petitioner, accordingly, accepted the said engagement and joined her services. Although the initial engagement of the petitioner was for a period of 6 (six) months, however the services of the petitioner was continued against the said post, from time to time. 4. It is to be noticed that subsequently, the respondent no. 4, had issued a further advertisement dated 23.01.2024, inviting Page No.# 4/10 applications from eligible persons for engagement against the post of Admin & Account Expert. The petitioner having satisfied the eligibility criteria set out in the said advertisement, submitted her application for the post of Admin & Account Expert. Thereafter, the petitioner participated in the selection process. On conclusion of the selection process, the Selection Committee recommended the name of the petitioner for engagement against the post of Admin & Account Expert, and accordingly, offer of appointment dated 20.08.2024, was issued to the petitioner by the respondent no. 4. 5. The petitioner in the writ petition has contended that although she was appointed against the post of Admin & Account Expert, she was continuing her duties against the post of Personal Assistant (PA) to the Director of the Institute. The petitioner, in the present writ petition has prayed for a direction to regularize her services against the post of Personal Assistant (PA) to Director of the Institute, and, thereafter, to regularize her services against the said post of Admin & Account Expert in the Central Institute of Horticulture, Medziphema. 6. It is to be noted that subsequently, the designation of the post of Personal Assistant (PA) to the Director of the Institute was changed as Stenographer Grade-I, and the petitioner was continued in her service against the re-designated post on contractual basis. 7. At this stage, this Court would notice that similarly situated persons engaged on contractual basis like the petitioner in Central Page No.# 5/10 Institute of Horticulture, Medziphema, had approached this Court earlier by way of instituting writ petitions being WP(C)/38/2023 (Shri. Arvind Singh Vs. The Union of India and 4 Ors) and WP(C)/39/2023 (Shri. Anjani Kumar Singh Vs, The Union of India and 4 Ors). A Co-ordinate Bench of this Court vide Judgment and Order dated 27.11.2024, on considering the issues arising in the said writ petitions was pleased to dispose of the said writ petitions by directing the respondent authorities to regularize the services of the petitioners involved in the above noted two writ petitions. The respondents, herein, being aggrieved by the said Judgment and Order dated 27.11.2024, passed by the Co-ordinate Bench of this Court in WP(C)/38/2023 and WP(C)/39/2023, had assailed the same by way of instituting writ appeals being WA/12/2025 and WA/13/2025. The Division Bench of this Court vide Judgment and Order dated 07.03.2026, on a consideration of the issues arising in the said writ appeals, proceeded to dispose of the said writ appeals, affirming the Judgment and Order dated 27.11.2024, passed by the Co-ordinate Bench of this Court in WP(C)/38/2023 and WP(C)/39/2023, however, with certain modifications, therein. 8. The learned counsel for the petitioner by referring to the decisions of the Co-ordinate Bench, as well as the Division Bench of this Court, has submitted that the said decisions squarely covers the case of the petitioner in the present proceeding, and accordingly, a direction would be mandated to be issued to the respondent authorities to regularize the service of the petitioner, herein. Page No.# 6/10 9. However, Mr. B. Deka, learned CGSC, has submitted that with regard to the prayer of the petitioner for regularization of her services against the post of Personal Assistant (PA) to the Director of the Institute (now re-designated as Stenographer Grade-I), it would be covered by the decisions of the Co-ordinate Bench of this Court as well as the Division Bench of this Court, as noticed, herein above. He submits that he would not have any objection to such directions being passed by this Court in favour of the petitioner, herein. However, with regard to the prayer of the petitioner for regularization of her services against the post of Admin & Account Expert in the Institute, in pursuance to her engagement against the said post vide order dated 20.08.2024, it is submitted that the petitioner would not be entitled to the said direction inasmuch as the engagement of the petitioner against the said post was effected proximate to the time of institution of the present writ petition. He submits that the petitioner in the writ petition has also categorically contended that even after her engagement against the post of Admin & Account Expert, she had continued her services as Stenographer Grade-I in the Central Institute of Horticulture, Medziphema. Accordingly, he submits that the prayer of the petitioner for regularizing her services against the post of Admin & Account Expert would not mandate a consideration from this Court. 10. I have heard the learned counsel for the parties, and considered the materials coming on record. 11. The petitioner, herein, was admittedly engaged against the Page No.# 7/10 sanctioned vacant post of Personal Assistant to the Director of Central Institute of Horticulture, Medziphema, w.e.f. 27.11.2009. The petitioner is found to have been discharging her duties against the said post, even after its re-designation as Stenographer Grade-I, on contractual basis. The petitioners in WP(C)/38/2023 and WP(C)/39/2023, are also found to have been engaged against the sanctioned post in the Central Institute of Horticulture, Medziphema. The Co-ordinate Bench of this Court vide Judgment and Order dated 27.11.2024, had disposed of the said writ petitions by directing the respondent authorities to regularize the services of the said two writ petitioners from the date of their initial appointment. The said Judgment and Order was assailed by the respondent authorities, herein, before the Division Bench of this Court by way of instituting writ appeals being WA/12/2025 and WA/13/2025. The Division Bench of this Court upon considering the issues arising in the said writ appeals, was pleased, vide Judgment and Order dated 07.03.2026, to dispose of the said writ appeals by directing as follows:- “34. The Judgment & Order dated 27.11.2024 in WP(C)/38/2023 and WP(C)/39/2023 stands modified as herein under: I. The appellants herein are directed to forthwith regularize the services of the Respondents herein against the sanctioned posts to which they were appointed. II. For the sake of clarity we observe that the petitioner in WP(C)/38/2023 shall be regularized against the sanctioned post of Assistant Horticulture Specialist and the petitioner in WP(C)/39/2023 shall be regularized against the sanctioned post of Horticulture Page No.# 8/10 Specialist. The Petitioners/Respondents herein shall be entitled to all consequential service benefits accruing from the date of the judgment passed by the learned Single Judge. III. Advertisement No. 05/2023 is interfered with only to the extent of filling up of the vacancy of one post of Horticulture Specialist in so far as Serial No. 2 (Vacancy No. 23030502311) and one post of Assistant Horticulture Specialist at Serial No. 3 (Vacancy No. 23030503311). The remaining posts advertised in the Advertisement being No. 05/2023 are not interfered with. IV. The process of regularization be completed within a period of 3 (three) months from the date of the present judgment.” 12. A perusal of the said conclusions drawn by the Division Bench of this Court, vide Judgment and Order dated 07.03.2026, would reveal that the direction for regularization of the services of the petitioners in WP(C)/38/2023 and WP(C)/39/2023, against the posts held by them, in the Central Institute of Horticulture, Medziphema, as directed by the Co-ordinate Bench of this Court was upheld. However, it was provided that the regularization of the services of the petitioners, therein, would be from the date of Judgment and Order passed by the Division Bench of this Court, i.e., w.e.f. 07.03.2026. 13. In view of the above discussion, this Court is of the considered view that the claim of the petitioner for regularization of her services against the post of Personal Assistant (PA) to the Director of Central Institute of Horticulture, Medziphema, (now re-designated as Stenographer Grade-I) is squarely covered by the decision of the Co- ordinate Bench of this Court passed in WP(C)/38/2023 and Page No.# 9/10 WP(C)/39/2023, as well as the decision of the Division Bench of this Court passed in WA/12/2025 and WA/13/2025. 14. Accordingly, the respondent authorities are directed to issue orders towards regularization of the services of the petitioner against the post of Personal Assistant (PA) to the Director of the Central Institute of Horticulture, Medziphema, (now re-designated as Stenographer Grade-I), within a period of 3 (three) months from the date of receipt of a certified copy of this order. It is further provided that the regularization of the services of the petitioner be so made effective, w.e.f. today, i.e., 19.05.2026. 15. Having drawn the above conclusions, this Court would now consider the prayer of the petitioner for further direction to also regularize her services against the post of Admin & Account Expert, in pursuance of her engagement, therein, vide offer of appointment dated 20.08.2024. The said prayer was objected to by the learned CGSC appearing for the respondents. This Court finds that the petitioner was engaged against the post of Admin & Account Expert only w.e.f. 20.08.2024. The petitioner has in the writ petition, more particularly in para 15 of the writ petition, had made the following contention:- “It is pertinent to mention herein that though the petitioner has been appointed as Admin & Accounts Expert, she is still discharging the duties of PA to Director, CIH, Medziphema” 16. A perusal of the said contention would reveal that the Page No.# 10/10 petitioner, although was engaged as Admin & Account Expert, but she had not served against the said post and had been continuing her service against the post of Personal Assistant (PA) to the Director of the Central Institute of Horticulture, Medziphema, (now re-designated as Stenographer Grade-I), at the time of the institution of the present writ petition. Further, the petitioner, even if, thereafter, had served against the post of Admin & Account Expert, such service rendered by the petitioner would be for a very short period of time. Accordingly, the prayer of the petitioner for issuance of a direction upon the respondent authorities to also regularize her services against the post of Admin & Account Expert, would not mandate an acceptance from this Court. Accordingly, the said prayer stands rejected. The petitioner, would now only be entitled to have her services regularized against the post of Personal Assistant (PA) to the Director of Central Institute of Horticulture, Medziphema (now re-designated as Stenographer Grade-I). 17. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant