Page No.# 1/9 GAHC020008202024 2026:GAU-NL:276 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/305/2024 SMTI. MERIBENI SHITIRI D/O SHRI EZAMO SHITIRI PRESENTLY SERVING AS HORTICULTURE SPECIALIST CENTRAL INSTITUTE OF HORTICULTURE MEDZIPHEMA, NAGALAND VERSUS THE UNION OF INDIA AND 3 ORS REPRESENTED BY SECRETARY TO THE GOVT. OF INDIA MINISTRY OF AGRICULTURE AND FARMERS WELFARE KRISH BHAWAN, NEW DELHI- 110001 2:THE HORTICULTURE COMMISSIONER DEPT. OF AGRICULTURE AND FARMERS WELFARE DEPT. OF AGRICULTURE GOVT. OF INDIA KRISH BHAWAN NEW DELHI-110001 3:THE ADDITIONAL COMMISSIONER (HORT-FRUIT) DEPT. OF AGRICULTURE AND FARMERS WELFARE DEPT. OF AGRICULTURE GOVT. OF INDIA KRISHI BHAWAN-NEW DELHI-110001 4:THE DIRECTOR CENTRAL INSTITUTE OF HORTICULTURE DEPT. OF AGRICULTURE MINISTRY OF AGRICULTURE AND FARMERS WELFARE MEDZIPHEMA Page No.# 2/9 CHUMOUKEDIMA NAGALAND Advocate for the Petitioner : T. B. JAMIR, I JAMIR Advocate for the Respondent : CGSC, KROVI TSUKRU 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 as Assistant Horticulture Specialist in CIH, Medziphema. B. Further direct the respondents to treat the Circular dated 14.01.2011 (Annexure-10), making the petitioner hold the charge of Horticulture Specialist and the Order dated 01.06.2011 (Annexure-11) appointing the petitioner to the post of Horticulture Specialist as promotion from the post of Assistant Horticulture Specialist.” 3. The respondent no. 4, had issued an advertisement dated 20.10.2008, inviting applications from eligible candidates for filling up of 2 (two) posts of Consultant (Technical) on contractual basis, Page No.# 3/9 for a period not exceeding 12 (twelve) months, for undertaking various activities of the Central Institute of Horticulture, Medziphema. The petitioner having satisfied the eligibility criteria as set out in the advertisement dated 20.10.2008, submitted an application for consideration of her case for engagement as Consultant (Technical) in the Central Institute of Horticulture, Medziphema. The petitioner, thereafter, was permitted to appear in the selection process, and on conclusion of the said selection process, the Selection Committee proceeded to recommend the name of the petitioner for being engaged as a Consultant (Technical) in the Central Institute of Horticulture, Medziphema, in terms of the advertisement dated 20.10.2008. The said recommendation of the Selection Committee having received the approval of the competent authority, the petitioner was vide order dated 09.01.2009, engaged as Consultant (Technical) in the Central Institute of Horticulture, Medziphema. 4. Subsequently, the respondent no. 4 issued an advertisement dated 13.02.2009, inviting application amongst others, for 3 (three) posts of Assistant Horticulture Specialist. It is to be noticed that the post of Assistant Horticulture Specialist as advertised, were sanctioned posts. The petitioner having satisfied the requisite eligibility criteria as set out for recruitment in the post of Assistant Horticulture Specialist, proceeded to submit her application, in pursuance of the said advertisement. The petitioner, thereafter, participated in the selection process. On conclusion of the selection process, the petitioner along with 2 (two) others were Page No.# 4/9 recommended for engagement against the post of Assistant Horticulture Specialist, as advertised. The recommendation of the Selection Committee having being approved by the authorities concerned, the respondent no. 4, issued offer of appointment dated 27.11.2009, towards engaging the petitioner against the post of Assistant Horticulture Specialist on contractual basis. The petitioner joined her service against the said post and discharged her duties against the same. It is to be noted that the advertisement, as well as the engagement of the petitioner against the post of Assistant Horticulture Specialist was on contractual basis, and the same was initially for a period of 6 (six) months, however, such engagement of the petitioner was extended from time to time. 5. The petitioner while serving as Assistant Horticulture Specialist, vide circular dated 14.01.2011, was permitted to hold the post of Horticulture Specialist, in the Central Institute of Horticulture, Medziphema. Thereafter, vide order dated 01.06.2011, the petitioner was appointed to the post of Horticulture Specialist on contractual basis for a period of 6 (six) months. However, the engagement of the petitioner was extended from time to time. The petitioner in the present writ petition, has accordingly prayed that she on being regularized against the post of Assistant Horticulture Specialist in the Central Institute of Horticulture, Medziphema, be also directed to be promoted against the post of Horticulture Specialist. 6. At this stage, this Court would notice that similarly situated persons engaged on contractual basis like the petitioner, had Page No.# 5/9 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, had on consideration of the issues arising in the said writ appeals, proceeded to allow 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. 7. The learned counsel for the petitioner by referring to the decision 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 required to be mandated to the respondent authorities to regularize the service of the petitioner, herein. 8. However, Mr. B. Deka, learned CGSC, has submitted that the Page No.# 6/9 petitioner being initially recruited against the post of Assistant Horticulture Specialist, in pursuance to a process of recruitment initiated in the matter, her regularization would only be mandated to be directed against the post of Assistant Horticulture Specialist. He submits that the post of Horticulture Specialist is a promotional post from the post of Assistant Horticulture Specialist, and, no direction would be mandated to be issued for promoting the petitioner to the said post, inasmuch as the regularization of the services of the petitioner being effected prospectively, she cannot be held to have the requisite eligibility criteria for promotion against the post of Horticulture Specialist. Accordingly, he submits that the prayer of the petitioner for a direction for her promotion to the post of Horticulture Specialist, would not mandate an acceptance from this Court. 9. I have heard the learned counsel for the parties, and considered the materials coming on record. 10. The petitioner, herein, was admittedly engaged against the sanctioned vacant post of Assistant Horticulture Specialist w.e.f. i.e., 27.11.2009. The petitioner is found to have been constantly discharging her duties against the said post on contractual basis, thereafter. The petitioners in WP(C)/38/2023 and WP(C)/39/2023, are also found to have been recruited 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 Page No.# 7/9 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 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.” 11. A perusal of the said conclusions drawn by the Division Bench Page No.# 8/9 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. 12. Accordingly, this Court has considered the decisions of the Co- ordinate Bench of this Court passed in WP(C)/38/2023 and WP(C)/39/2023, along with the decision of the Division Bench of this Court in WA/12/2025 and WA/13/2025, and finds that the said decisions squarely apply to the case of the petitioner, herein. The petitioner having being recruited to the post of Assistant Horticulture Specialist, by way of a process of recruitment, in view of the said decisions of this Court, the petitioner services against the post of Assistant Horticulture Specialist in the Central Institute of Horticulture, Medziphema, would be required to be regularized. 13. Accordingly, it is directed that the respondent authorities shall issue appropriate orders towards regularizing the services of the petitioner against the post of Assistant Horticulture Specialist within a period of 3 (three) months, from the date of receipt of a certified copy of this order. It is further directed that the regularization as directed to be effected in the case of the petitioner, herein, be so Page No.# 9/9 effected from today, i.e, 19.05.2026. 14. The prayer of the petitioner for a further direction to promote her to the post of Horticulture Specialist has been considered by this Court, and this Court finds that the petitioner having been directed to be regularized in her services as Assistant Horticulture Specialist, w.e.f. today, i.e., 19.05.2026, the petitioner is found to have not gathered the requisite eligibility criteria for promotion to the post of Horticulture Specialist. The Rules holding the field mandates that, for promotion to the post of Horticulture Specialist, an incumbent in the post of Assistant Horticulture Specialist must have completed 5 (five) years of regular service, and should also have successfully completed 2 to 4 weeks training programme in the field of Horticulture, from a recognised institute. The petitioner, having being directed by the present order to be regularized in her services w.e.f. today, i.e., 19.05.2026, the petitioner cannot be held to have completed 5 (five) years of regular service against the post of Assistant Horticulture Specialist. Accordingly, the said prayer of the petitioner stands rejected. 15. With the above observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant