Page No.# 1/35 GAHC020005622024 2026:GAU-NL:366-DB THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WA/23/2024 MR. E. NZANTHUNG JAMI AND 46 ORS GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL, WOKHA VILLAGE WOKHA NAGALAND 2: CHENITHUNG Z. KITHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 3: B NZANO HUMTSOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL SUNGLUP WOKHA NAGALAND 4: M RENBENI HUMTSOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL PONGIDONG WOKHA NAGALAND 5: RENCHAMO NGULLIE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND Page No.# 2/35 6: TUMBEMO W KIKON GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL SUNGRO WOKHA NAGALAND 7: THUNGRENI Y. TSOPOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN C WOKHA NAGALAND 8: ARHOMO E YANTHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL YIKHUM B WOKHA NAGALAND 9: N APANTHUNG ODYUO GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL YIKHUM B WOKHA NAGALAND 10: CATHERINE M LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 11: T JOHN HUMTSOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL HUMTSO WOKHA NAGALAND 12: K LUCY GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL LONGSA A Page No.# 3/35 WOKHA NAGALAND 13: AVANI C GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN C WOKHA NAGALAND 14: LICHONTHUNG JAMI GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN A WOKHA NAGALAND 15: T THUNGDEMO KITHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL AREE OLD WOKHA NAGALAND 16: Y ELITHUNG MURRY GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 17: WONCHIBENI EZUNG GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 18: Y WONCHIBENI LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 19: Y IRINA NGULLIE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL Page No.# 4/35 WOKHA VILLAGE WOKHA NAGALAND 20: C. RENTHUNGLO KITHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 21: TIMOTHY J KIKON GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 22: ETHUNGBENI NGULLIE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 23: N LIRENTHUNG TUNGOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA VILLAGE WOKHA NAGALAND 24: RENBONTHUNG OVUNG GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOZHURO WOKHA NAGALAND 25: P MHAYANI JAMI GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN D WOKHA NAGALAND 26: P NZANMONGI NGULLIE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION Page No.# 5/35 GOVT. MIDDLE SCHOOL WOKHA TOWN D WOKHA NAGALAND 27: P EPIBENI JAMI GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL LONGSACHUNG WOKHA NAGALAND 28: MHATHUNG ODYUO GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHY SCHOOL WOZHURO WOKHA NAGALAND 29: Z RHONDENO KIKON GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL NUNGYING WOKHA NAGALAND 30: BENATHUNG P KITHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 31: ABEMO EZUNG GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL WOKHA NAGALAND 32: M LICHANTHGUNG LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 33: RENCHUMI M TSOPOE LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION Page No.# 6/35 GOVT. MIDDLE SCHOOL WOZHURO WOKHA NAGALAND 34: M YANSATHUNG ODYUO GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL RIPHYIM OLD WOKHA NAGALAND 35: MHATHUNG LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL CHUKITONG WOKHA NAGALAND 36: JOEL AMONGSHAN KINGHEN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOAN A WOKHA NAGALAND 37: MHONYANI LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA VILLAGE B WOKHA NAGALAND 38: ACHILO Y HUMTSOE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA VILLAGE B WOKHA NAGALAND 39: PHYOBEMO W KITHAN GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHSCHOOL SANIS WOKHA NAGALAND 40: N BENTHUNGO TSOPOE GRADUATE TEACHER (2013 SSA BATCH) Page No.# 7/35 DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL SANIS WOKHA NAGALAND 41: N LIBENTHUNG MURRY GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL WOKHA VILLAGE WOKHA NAGALAND 42: Y ZUCHILO LOTHA GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL NYIRO WOKHA NAGALAND 43: NCHUMTHUNG NGULLIE GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN B WOKHA NAGALAND 44: EUNICE A OVUNG GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN B WOKHA NAGALAND 45: LOCHUMBENI PATTON GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGH SCHOOL ENGLAN WOKHA NAGALAND 46: ERENBENI N ODYUO GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL OLA RALAN WOKHA NAGALAND 47: LICHUMBENI N ODYUO Page No.# 8/35 GRADUATE TEACHER (2013 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. PRIMARY SCHOOL UPPER NST WOKHA NAGALAN VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AN AR DEPT NMAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY DEPT OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIM Advocate for the Petitioner : A. ZHIMOMI, N. MOZHUI,ESTHER,LHOUSINO,N SOLO,G KAMEI,MANJONG KONYAK Advocate for the Respondent : GOVT ADV NL, Linked Case : WA/24/2024 MR. N. NCHUMTHUNG MURRY AND 17 ORS GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL TSUNGIKI A WOKHA NAGALAND 2: MHONBENI MURRY GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION WOKHA NAGALAND Page No.# 9/35 3: N ABENTHUNG KITHAN GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL MUNGYA WOKHA NAGALAND 4: ACHUMLO N HUMTSOE GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TROWN C WOKHA NAGALAND 5: KHYOPENTHUNG JAMES Y KIKON GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL PONGIDONG WOKHA NAGALAND 6: M BENCHUMLO HUMTSOE GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL TSUNGIKI A WOKHA NAGALAND 7: T YILOBENI EZUNG GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN B WOKHA NAGALAND 8: RENPONTHUNG ODYUO KHARKONGAR GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOZHURO WOKHA NAGALAND 9: T LIBENTHUNG MURRY GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOKHA TOWN A WOKHA NAGALAND Page No.# 10/35 10: L YANBEMO ENYIO GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL WOZHURO WOKHA NAGALAND 11: ALENO NGUKHA GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL MIMA KOHIMA NAGALAND 12: RAMPUANA THOU GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL SECTOR B JALUKIE TOWN PEREN NAGALAND 13: IMKONGWABANG GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION DISTRICT MISSION AUTHORITY MOKOKCHUNG NAGALAND 14: T ASANGLA GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION LONGRIMENDANG AO GOVT. HIGH SCHOOL MOKOKCHUNG NAGALAND 15: CHUBAYANGLA GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL SUMI MOKOKCHUNG NAGALAND 16: LIANARO GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL A AND B SECTOR MOKOKCHUNG NAGALAND Page No.# 11/35 17: N W AYANGLA GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. HIGHER SECONDARY SCHOOL MANGKOLEMBA MOKOKCHUNG NAGALAND 18: IMODANGBA GRADUATE TEACHER (2010 SSA BATCH) DEPT. OF SCHOOL EDUCATION GOVT. MIDDLE SCHOOL MAREPKONG MOKOKCHUNG NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY DEPT. OF SCHGOOL EDUCATION NAGALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DIRCTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA ------------ Advocate for : A. ZHIMOMI Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 3 ORS BEFORE HON’BLE MR. JUSTICE KALYAN RAI SURANA HON'BLE MR. JUSTICE SANJEEV KUMAR SHARMA For the appellants : Mr. A. Zhimomi, Advocate : Mr. N. Mozhui, Advocate For State respondents : Ms. V. Suokhrie, Addl. A.G. Page No.# 12/35 Date on which judgment is reserved : 07.05.2026. Date of pronouncement of judgment : 19.06.2026. Whether the pronouncement is of the operative part of the judgment? : No. Whether the full judgment has been Pronounced? : Yes. JUDGMENT AND ORDER (CAV) (K.R. Surana, J) Heard Mr. A. Zhimomi as well as Mr. N. Mozhui, learned counsel for the appellants in both these appeals. Also heard Ms. V. Suokhrie, learned Addl. Advocate General for the State of Nagaland. 2) These two intra-court appeals have been filed to assail separate judgment and order dated 10.06.2024, passed by the learned Single Judge in W.P.(C) No. 278(K)/2022 and W.P.(C) No. 279(K)/2022 respectively, by which both the said writ petitions were dismissed. 3) The petitioners in both the said writ petitions are the appellants herein. Thus, for the sake of convenience, in this judgment and order, the writ petitioners are referred to as “appellants”. Case of the Appellants: 4) In brief, the case of the appellants before the learned Single Judge was that by notification no. EDS/SSA-CPA/009-2008(I) dated 20.10.2009, the Govt. of Nagaland had created 210 (two hundred ten) posts of Graduate Teachers for 70 (seventy) Government Middle Schools under the Department of School Education under the Sarva Siksha Page No.# 13/35 Abhiyan Scheme (hereinafter referred to as SSA for brevity). 5) As per the said notification, it was specifically provided that- “The post of teachers will continue to function even if the Sarva Siksha Abhiyan (SSA) programme is wound-up and the following procedures will be followed for payment of salaries i. The State Mission Authority (SMA) may have to deposit the requirement of salaries for these teachers to the State Government Account through Treasury Challan quarterly on the basis of the availability of fund till such time the SSA continues. ii. The teachers appointed against this creation shall have to draw their pay and allowances at par with other teachers and by following the normal procedures of the State Government in all respect. iii. After winding up of SSA Mission, the salary and other benefits of these teachers shall have to be borne by the State Government.” 6) On somewhat similar terms, by another notification no. EDS/SSA-CPA/009-2008(II) dated 20.10.2009, the Govt. of Nagaland had created 268 (two hundred sixty eight) temporary posts of Under Graduate Teachers for 134 (one hundred thirty four) Government Primary Schools under the Department of School Education. 7) Thereafter, the Directorate of School Education, Govt. of Nagaland, had issued employment advertisement no. ED/ADMN/ 1/2009- 10 dated 20.11.2009, inviting applications for filling up the posts of Graduate Teachers and Primary Teachers in the Govt. Middle Schools and Primary Schools under the Department of School Education, Nagaland. 8) The appellants had participated in the selection process and upon selection, they were appointed to various schools under the Department of School Education, Nagaland. Page No.# 14/35 9) Thereafter, the Commissioner and Secretary to the Govt. of Nagaland, School Education Department, vide order no. DSE/RS/ 2011 dated 15.06.2011, created 482 (four hundred eighty two) temporary posts of various categories under the Department of School Education, as Plan Expenditure under Rashtriya Madhyamik Siksha Abhiyan (hereinafter referred to as RMSA for brevity) Scheme. 10) It would be appropriate to refer to some of the writ petitions and writ appeals, referred to by the appellants:- a. The State Government had decided to regularize the services of Graduate Teachers, giving them seniority from the date of their initial appointment on contractual basis. b. Those Graduate Teachers, who were appointed on regular basis had approached this Court by filing W.P.(C) No. 214(K)/2015, and agitated that seniority could not be granted from initial appointment on contractual basis. c. Some of the private respondents in W.P.(C) 214(K)/2015, had filed a writ petition challenging the inclusion of some writ petitioners in W.P.(C) No. 214(K)/2015, in the Graduate Teachers Seniority List of 2015. The said writ petition was registered as W.P.(C) No. 34(K)/2016. d. This Court, by judgment and order dated 01.09.2017, passed in common in W.P.(C) No. 214(K)/2015 and W.P.(C) No. 34(K)/2016, held that those regularized in service can count their service only from the date of regularization. Accordingly, W.P.(C) No. 214(K)/2015 was allowed and W.P.(C) No. 34(K)/2016 was Page No.# 15/35 dismissed. e. The respondents in W.P.(C) 214(K)/2015 had filed a writ appeal against the said judgment and order dated 01.09.2017, which was registered as W.A. No. 17(K)/2017. The writ petitioners in W.P.(C) No. 34(K)/2016, had also preferred a writ appeal against the said common judgment, which was registered as W.A. No. 16(K)/2017. f. Both the said W.A. No.17(K)/2017 and W.A. No.16(K)/2017 were dismissed by judgment and order dated 12.12.2019, holding that the seniority of the appellants would be counted from the date of their regularization i.e. 16.01.2004 and as a natural corollary, directed the seniority list of Graduate Teachers be rearranged as per the directions given by the learned Single Judge. Thus, the judgment and order dated 01.09.2017, passed in common in W.P.(C) No. 214(K)/2015 and W.P.(C) No. 34(K)/2016 was affirmed. g. It may be mentioned that it is projected by the appellants that pursuant to the judgment and order dated 12.12.2019, passed by this Court in W.A. 16/2017 and W.A. 17/2017, notification dated 27.09.2022 was issued wherein at Clause-6 it was stipulated that teachers appointed/ recruited after 2009 shall be incorporated into the seniority list only after verification of claims. h. It may be mentioned that the aggrieved parties assailed the said judgment and order dated 12.12.2019, passed by the Page No.# 16/35 Division Bench of this Court in W.A. No. 17(K)/2017 and W.A. No.16(K)/2017 before the Supreme Court of India. However, Petition for Special Leave to appeal bearing SLP(C) Diary Nos. 24406 of 2021, was dismissed by the Supreme Court of India by an order dated 18.11.2021. i. The appellant nos. 1 to 8, 10 to 12 and 14 to 18 in this appeal, who were also aggrieved by the said proposed steps of regularization of service from date of entry in contractual service, had also filed a writ petition before this Court, which was registered as W.P.(C) No. 122(K)/2017. The hereinbefore referred appellants were petitioner nos. 1, 10, 30, 31, 36, 38 to 40, 43, 47, 50, 54 to 56, 58 and 76 in W.P.(C) No. 122(K)/2017. In the said writ petition, the State Government had conceded that the case of the appellants (i.e. petitioners) was covered by the judgment and order dated 01.09.2017, passed by this Court in W.P.(C) No. 214(K)/2015 and accordingly, as the issue was covered by the said judgment, the said W.P.(C) No. 122(K)/2017, was accordingly, disposed of. j. Some of the teachers who were appointed by the School Education Department, Govt. of Nagaland, under the SSA/RMSA schemes, had filed a writ petition, claiming equal pay for equal work and also claiming that they are also entitled to scale pay and not fixed pay. The said writ petition was registered as W.P. (C) No. 174/2018. It has been submitted by the learned counsel for the appellants that in the said writ petition, while contesting the claim of the petitioners the State respondents had taken a Page No.# 17/35 stand that the appellants herein were appointed as Teachers under the State cadre and not under schemes of SSA/RMSA. The learned Single Judge, by judgment and order dated 20.05.2020, passed in W.P.(C) No. 174/2018, partly allowed the writ petition, by setting (a) the impugned OM no. NLD/RMSA/ISSE-1/2018/104 dated 17.08.2018, reducing the salaries of the petitioners; (b) the impugned corrigendum no. NLD/ RMSA/ISSA/2018 dated 18.08.2018, directing the petitioners to accept their new salary within a month’s time; and (c) the impugned notification dated 27.08.2018, threatening the petitioners with action under Rule 22 and 25 of the Nagaland Servants Rules, 1968 on failure to comply with notice. However, relief (d) was refused. k. The petitioners in W.P.(C) No. 174(K)/2018, preferred an appeal, against rejection of prayer (d). The said intra-court appeal was registered as W.A. No. 9/2020. In the said appeal, the Division Bench by its judgment and order dated 16.03.2022, held that the appellants therein were entitled for scales of pay at Pay Band of Rs.9300- 34800/- with grade pay of Rs.4200/- and accordingly, while allowing the said appeal, it was directed that the State Government to grant such scales of pay to the petitioners forthwith. It may be stated that the Division Bench had clarified that the Court was not determining the issue regarding the decision of the State whereby other teachers excluding the petitioners were brought under State cadres with benefit including NPS, same being not under challenge in the writ petition and not Page No.# 18/35 determined. Accordingly, the said W.A. No. 9/2020 was allowed. Stand of the appellants, in brief, in W.P.(C) No. 279(K)/2022: 11) Under the aforesaid facts and litigation background, the appellants in WA 23/2024, who were the petitioners in W.P.(C) No. 279(K)/2022, had assailed (1) the Cabinet decision dated 21.04.2022, by which the proposal for mainstreaming SSA/ RMSA appointees in 2010/2013 into the Department of School Education was approved; (2) notification dated 02.09.2022, that was issued pursuant to the said Cabinet decision, thereby mainstreaming the said SSA/RMSA appointees into the School Education cadre with effect from 21.04.2022; (3) notification dated 27.09.2022, wherein at Clause-6 it was stipulated that teachers appointed/ recruited after 2009 shall be incorporated into the seniority list only after verification of claims. Stand of the respondents, in brief, in W.P.(C) 279(K)/2022: 12) The affidavit-in-opposition on behalf of the respondent nos. 1 to 4 was filed by the then Commissioner and Secretary to the Govt. of Nagaland, Department of School Education. 13) In brief, it was stated in paragraph 2(i) that in 2010 and 2013, on the basis of posts sanctioned by the Government of India in respect of two centrally sponsored schemes, i.e. SSA and RMSA, the Cabinet created 4062 posts for SSA and RMSA. Out of that 3404 posts were notified and 3334 posts were advertised. However, it was admitted that these posts under SSA and RMSA were to be co-terminus with the scheme. It was also stated that the recruitment was made through District Level Committees in all the districts headed by the Deputy Commissioners. Page No.# 19/35 The appointment orders were issued in 2011 and 2013 and these teachers were given the scale pay of Graduate/ Primary Teachers. It was also stated that in the case of SSA batch of 2010, the Department had indicated that after the scheme is wound up, the salary will be borne by the State. It was also stated that on account of non stipulation of the service conditions that recruitment was for SSA/ RMSA under Centrally Sponsored Scheme in the advertisement, these teachers demanded that they be mainstreamed into the School Education cadre of the State. Accordingly, based on the recommendation of the Committee headed by the Chief Secretary to the Govt. of Nagaland, constituted to study the nature of the recruitment and appointment of these categories of teachers, the State Cabinet in its decision on 05.10.2018, agreed in principle to mainstream SSA and RMSA teachers of 2010 and 2013 batches into the State Education cadre. 14) It was stated that consequently, the P&AR Department accorded clearance and the Finance Department also accorded their concurrence for the mainstreaming of such teachers with the observation that the State exchequer will be burdened with additional financial liability to cover the shortfall under salaries for these teachers. Thereafter, on the basis of authentication of professional/ educational documents, police verification of antecedents of the 2010 and 2013 batch of SSA/RMSA teachers, the Cabinet approved mainstreaming of these qualified and trained teachers in the State Education cadre on 21.04.2022 and the mainstreaming of 2292 educationally and professionally qualified teachers was notified on 02.09.2022. Accordingly, it was stated that since the appellants (i.e. petitioners in the writ petition) who were appointed under Page No.# 20/35 the SSA scheme were brought into the State cadre with effect from 21.04.2022, vide notification dated 02.09.2022, the question of making the appellants junior to the State cadre teachers appointed on regular basis and regularized after the appellants were appointed does not arise. Moreover, it was stated that that in the appointment orders of the appellants, it was clearly mentioned that they were appointed under the created posts of SSA and RMSA respectively. 15) With regard to certain RTI queries made by the appellants (i.e. petitioners in the writ petition), the respondent nos. 1 to 4 had admitted that in response to the query as to whether their services will continue even after the project is over/ ended, it was stated in the RTI reply that post creation was not done by the SSA, a Govt. of Nagaland undertaking, and hence, teachers were appointed on a regular basis and their service were not co-terminus with the SSA projects. Thus, it was stated that when the appellants were brought into the State cadre only on 21.04.2022, they cannot challenge the State action nor can they be said to be aggrieved by the State action before their mainstreaming to the State cadre and accordingly, it was stated that as the appellants (i.e. petitioners in the writ petition) were brought into the State cadre only on 21.04.2022, the question of restoring their seniority with effect from their initial appointment in 2013 does not arise. 16) Referring to the RTI query and reply, it was stated that the appellants already knew that they were all appointed under the SSA/ RMSA posts and thus sought information as to whether their service will still continue even after the project is over/ ended. Therefore, they now cannot turn around and claim that they are regular cadre from prior to Page No.# 21/35 21.04.2022. It was stated that their seniority can only be considered from the time when they were brought into the State cadre. It was stated that it is a settled principle of law that a person cannot be given seniority prior to his birth in the cadre. Thus, it was further stated that the mainstreaming of the appellants into the State cadre and considering their seniority with effect from 21.04.2022, does not negate the judgments passed by this Court. 17) It was stated that in compliance with the judgment dated 12.12.2019, passed in W.A. 17/2017, the Department had prepared and published a Tentative Seniority List in 2021. Claims and objections were also invited to be submitted within one month and thereafter, the Final Graduate Teachers Seniority List as on 01.01.2022 was notified on 27.09.2022. It was stated that this seniority list of the Graduate Teachers is the first phase which only included the Teachers who were appointed/ recruited before 2009, with the sole purpose to fill up the vacant posts of Headmaster/ Headmistress posts at the earliest by the eligible senior-most Graduate Teachers. It was stated that the second phase of the seniority list of the eligible Graduate Teachers appointed/ recruited after 2009 is under process and will be notified as and when clarification/ rectification of dates/ claims are examined/ verified. 18) Accordingly, on the ground that the appellants (i.e. petitioners in the writ petition) had failed to make out a case, it was prayed that the writ petition be dismissed. Stand, in brief, of the appellants in the affidavit-in-reply: 19) In brief, it was emphasized in the affidavit-in-reply that the Page No.# 22/35 State had taken a stand in previous writ petitions, viz., W.P.(C) 112(K)/ 2017, W.P.(C) 170(K)/ 2017, and W.P.(C) 172(K)/ 2017, that seniority can be counted only from the date of regular appointment and not otherwise, cannot take a different stand by mainstreaming the appellants (i.e. petitioners in the writ petition) into the State cadre with effect from 21.04.2022. It was stated that the main purpose of issuing notification dated 27.09.2022, and clause 6 thereto is to exclude the appellants from the seniority list of Graduate Teachers. 20) It was stated that the appellants were not aggrieved by maintaining the seniority of the regular Graduate Teachers who were appointed prior to 2009, but were aggrieved against those ad-hoc/ contractual teachers who were regularized after they were appointed. Stand of the appellants, in brief, in W.P.(C) No. 278(K)/2022: 21) The appellants had stated in the writ petition that their service had all the facets of a regular appointment, as service book in respect of the appellants were opened, due deductions were made towards GPF/ GIS, all the appellants and some of the appellants were also granted MACP and that all the appellants were granted the benefit of the Revision of Pay, 2017 (hereinafter referred to as RoP for brevity). 22) It was stated that the appellants were posted in Government Schools under the Department of School Education. Moreover, since their appointment, they have been working alongside regularly appointed Graduate Teachers. In the year 2013, some reservations were expressed in relation to the services of the appellants and accordingly, the All Nagaland School Teachers Association (ANSTA for Page No.# 23/35 brevity) submitted RTI queries dated 04.09.2013 regarding the status of the appellants’ service and in the RTI reply dated nil October, 2013, the Department of School Education had provided information that the posts held by the appellants were created by the Government and they were appointed on regular basis and that the service of the appellants were not co-terminus with the SSA mission. 23) It was stated that a dispute ensued regarding the claim of seniority of Teachers from the decision of the Government to count the seniority of the Graduate Teachers from the respective dates of their initial appointment on ad-hoc/temporary basis and not from the date when they were respectively regularized in service. In this regard, the history of litigations, that have already been mentioned hereinabove were referred to and it was stated that the order dated 01.11.2017, passed by this Court in W.P.(C) No. 122(K)/2017, which affirmed that the appellants were appointed on a regular basis was sought to be annulled by the orders/decisions assailed in both the writ petitions. 24) Thus, reliefs similar to those in W.P.(C) No. 279(K)/2022 were prayed for. Stand of the respondents, in brief, in W.P.(C) 278(K)/2022: 25) The stand of the State respondents was similar to the one taken in W.P.(C) No. 279(AP)/2022. Therefore, the same have not been reiterated herein. Stand of the appellants, in brief, in affidavit-in-reply filed in connection with W.P.(C) 278 (K)/2022: 26) The stand of the appellants was similar to the one taken in Page No.# 24/35 the affidavit-in-opposition filed by the appellants in W.P.(C) No. 279(AP)/2022. Therefore, the same are not reiterated herein. Decision by learned Single Judge: 27) The learned Single Judge, upon examining the materials available on record, specifically the notifications dated 21.03.2011 and 15.06.2011, by which 482 posts were created, observed that those posts were created and sanctioned by the Governor of Nagaland in respect of the Central Government sponsored scheme, being the SSA and the RMSA. It was noted that the appellants had alleged that they were appointed as Graduate and Primary Teachers; they were allowed to subscribe to the New Pension Scheme of the Govt. of Nagaland; they continued to render their duties; their service books were maintained as required for the teachers working in a regular cadre of the Govt. of Nagaland. It was considered that on the basis of the Cabinet decision dated 21.04.2022, a total number of 2290 teachers were appointed under the SSA and RMSA of 2010 and 2013 with effect from 21.04.2022, vide notification dated 02.09.2022. Thereafter, on the basis of the notification dated 02.09.2022, the inter-se seniority for Graduate Teachers of the Secondary Cadre and Elementary Cadre of the School Education Department was prepared vide notification dated 27.09.2022. 28) The Court had referred to the submissions made by the learned Addl. Advocate General in reply to Court query to the effect that (a) for those appellants who had subscribed to the Pension Scheme, would not be deprived of its benefit; and (b) the appellants were not entitled to the grant of MACP (Modified Assured Career Progression Scheme as they were not Government servants under the State Education Page No.# 25/35 Cadre till 21.04.2022 and thus, the grant of MACP prior to 21.04.2022 was a mistake. 29) Reference was also made to the SSA and RMSA Schemes, which were Central Government Schemes and were implemented throughout the Country in partnership with the State Governments. Accordingly, it was held that the posts of Teachers in which the appellants were appointed, was on the basis of Central Government Sponsored Schemes. Hence, by placing reliance on the case of Dhyan Singh & Ors. v. State of Haryana & Ors., (2002) 10 SCC 656, and Parmeshwar Nanda & Ors. v. State of Jharkhand & Ors., (2020) 12 SCC 131, it was held that the appellants appointed under the Centrally Sponsored Schemes cannot be held to be employed under any establishment of the Government and cannot be treated to be a part of the formal cadre of the Government. It was held that the posts were created in respect of SSA and RMSA, both Centrally Sponsored Schemes. The salaries were to be paid out of the funds of State Government only if the said schemes were discontinued. Accordingly, by holding that the MACP granted to the appellants was a mistake as the appellants had entered into the State Education Cadre on 02.09.2022, with effect from 21.04.2022, the writ petitions were dismissed. Gist of submissions of the learned counsel for the appellants: 30) The learned counsel for the appellants had reiterated the submissions which were made before the learned Single Judge. 31) It was submitted that the State Education Department of the Government of Nagaland, had appointed the appellants in State Page No.# 26/35 Education Cadre. It was submitted that (a) the appellants were appointed after undertaking due selection process; (b) the appointment letters dated 20.10.2009 clearly mentions that the post of teachers will continue to function even if the Sarva Siksha Abhiyan (SSA) programme is wound-up certain procedures as stated herein will be followed for payment of salaries; (c) Service books in respect of the appellants were opened; (d) the appellants were given the benefit of joining the Pension Scheme; (e) some of the appellants were also given the benefit of MACP, to which only a Government employee would be entitled to. Moreover, the service of the appellants were duly protected by the State Government by providing that on the discontinuance of the Centrally Sponsored Schemes, the State Government would be paying their salary and other admissible emoluments. Accordingly, it was submitted that the Government had all throughout treated the appellants as Teachers of the State Education Cadre, and they were discharging similar duties as were being rendered by other Education Department Teachers. 32) Moreover, it was submitted that the various judicial pronouncements that have been referred hereinbefore, being the judgment and order dated 01.11.2017 in W.P.(C) 170(K)/2017 and W.P.(C) 172(K)/2017, and in the judgment and order dated 16.03.2022, passed in W.A. No. 9/2020, the State Government had conceded the case of the appellants and moreover, thereafter, in order to undo the admission by the State, the School Education Department, Government of Nagaland has come up with the illegal and unsustainable notification dated 02.09.2022, purportedly regularizing the appointment of the petitioners with effect from 21.04.2022. Page No.# 27/35 33) It was submitted that the learned Single Judge had erred on law and in facts in dismissing the writ petitions filed by the appellants. 34) It was submitted that the learned Single Judge had failed to take into consideration that by two notifications dated 20.10.2009, the State Government had taken a conscious decision to create posts of Graduate and Undergraduate Teachers under the Department of School Education, and therefore, the learned Single Judge erred in law and on facts by taking a view that the creation of those posts were under the Central Government Sponsored Schemes. 35) It was submitted that the posts created under SSA and RMSA would have been temporary posts, but the appellants were not appointed to temporary posts and therefore, the appellants were appointed to permanent posts and were under the School Education Cadre. Accordingly, it was submitted that the appellants were permanently appointed as employees under the School Education Department, but were engaged and/or deployed to work under SSA and RMSA Schemes and therefore, the appellants were paid usual scale of pay as admissible to Teachers regularly appointed by the School Education Department. Thus, it was submitted that the learned Single Judge had failed to appreciate that appointment to a sanctioned and permanent post cannot be equated with appointments to temporary posts under the SSA and RMSA Schemes. 36) It was submitted that the appellants were admitted to all benefit of Revision of Pay Rules, applicable to the State of Nagaland. Moreover, the employment advertisement and appointment orders also led the irrefutable conclusion that the appellants were appointed to posts under the School Education Department and not in Centrally Sponsored Page No.# 28/35 SSA and RMSA Schemes. 37) Accordingly, it was prayed that the instant writ appeals be allowed by interfering with the impugned judgment and order dated 10.06.2024, passed by the learned Single Judge in W.P.(C) No. 278(K)/2022 and W.P.(C) No. 279(K)/2022. 38) The learned counsel for the appellants had cited the following cases: - a. Sailendra Narayan Bhanjia Deo v. The State of Orissa, AIR 1956 SC 1346 (para-8). b. Motiram Deka v. The General Manager, North East Frontier Railway , AIR 1964 SC 600: 1963 SCC OnLine SC 67 (para – 6, 26 and 33). c. Roshan Lal Tandon v. Union of India & Anr., AIR 1967 SC 1889 (para- 6). d. Pasupuleti Venkateswarlu v. The Motor & General Traders, (1975) 1 SCC 770 (para 3 and 4). e. Balbir Singh v. State of H.P. & Ors., (2000) 10 SCC 166 (para- 4 and 5). f. Bhanu Kumar Jain v. Archana Kumar & Anr., (2005) 1 SCC 787 (para 31 and 32). g. Union Public Service Commission v. Girish Jayanti Lal Vaghela & Ors., (2006) 2 SCC 482 (para 19). h. Rajbir Singh Dalal (Dr.) v. Chaudhari Devi Lal University, Sirsa & Anr., (2008) 9 SCC 284 (para 34 to 40). i. Mumbai International Airport (P) Ltd. v. Golden Chariot Airport & Anr., (2010) 10 SCC 422 (para- 50). j. Siddharam Satlingappa Mhetre v. State of Maharashtra & Ors., (2011) 1 SCC 694 (para 128 and 130). k. Sandeep Kumar Bafna v. State of Maharashtra & Ors., (2014) 14 SCC 623 (para 17 to 19). l. Anil Joshi & Ors. v. State of Himachal Pradesh & Ors., (2015) 12 SCC 669 (para 16). m. Dr. Shah Faesal & Ors. v. Union of India & Ors., (2020) 4 SCC 1 (para 28, 29, 31 and 32). n. Kotak Mahindra Bank Limited v. A. Balakrishnan & Anr., (2022) 9 SCC 186 (para 69). Page No.# 29/35 o. No. 2809759H Ex-Recruit Babanna Machched v. Union of India & Ors. (para 32). p. Loyalakpa Wahengbam Ananta v. State of Manipur & Ors., 2010 (3) GLT 150 (para 11). 39) The learned counsel for the appellants had submitted a written gist of points for consideration and the list of citations with relevant point sought to be highlighted by him, which is kept in the record. Submissions by the learned Addl. Advocate General for the State: 40) The learned Addl. Advocate General had submitted that the appointment orders duly reflect that the appointments were made to the Central Govt. Sponsored Schemes such as SSA and RMSA. Therefore, a mere mistake in granting some financial benefits and by mistakenly issuing service books MACP, etc. does not create any indefeasible right in favour of the petitioner so as to treat them as regular Graduate Teachers under the School Education Department. Accordingly, she had submitted in support of the impugned judgment and order. Decision of the Court: 41) Considered the materials available on record, including (i) Memo of Appeal of W.A. 23/2024 [arising out of W.P.(C) No. 279(K)/2022; (ii) Memo of Appeal of W.A. 24/ 2024 [arising out of W.P.(C) No. 278(K)/2022]; (iii) judgment and order dated 01.09.2017, passed in common in W.P.(C) No. 214(K)/2015 and W.P.(C) No. 34(K)/2016; (iv) judgment and order dated 12.12.2019, passed in W.A. No.17(K)/2017 and W.A. No.16(K)/2017; (v) judgment and order dated 12.12.2019, passed by this Court in W.A. 16/2017 and W.A. 17/2017; (vi) order dated Page No.# 30/35 18.11.2021, passed by the Supreme Court of India in SLP(C) Diary Nos. 24406 of 2021; (vii) judgment and order dated 01.11.2017, passed by this Court in W.P.(C) No. 122(K)/2017; (viii) judgment and order dated 16.03.2022 passed in W.A. No. 9/2020; (ix) additional affidavit in W.A. 23/2024, filed on 02.05.2026; (x) affidavit filed by the appellants in W.A. 23/2024 on 05.08.2025; (xi) affidavit filed by the appellants in W.A. 23/2024 on 24.10.2025; (xii) additional affidavit in W.A. 24/2024, filed on 02.05.2026; (xiii) affidavit filed by the appellants in W.A. 24/2024 on 05.08.2025; (xiv) affidavit filed by the appellants in W.A. 24/2024 on 24.10.2025. Also considered the case of, cited by the learned counsel for the appellants. 42) It is seen that in the employment advertisement issued on 09.12.2011, which was published in newspapers inviting applications for filling up 2856 posts in the Elementary and Secondary Schools under the Department of School Education, it has not been mentioned that the posts are for being engaged under SSA and RMSA. However, in the appointment orders issued by the Director of School Education on 22.03.2012, it has been mentioned that the post creation was against SSA. 43) Therefore, although the appellants were appointed under SSA Scheme, they were offered appointment as Graduate Teachers in the pay-band of Rs.22,930- 34,800/- and grade pay of Rs.4,200/- with all other allowances at the rate prescribed by the Govt. of Nagaland and it was also provided that deduction towards New Pension Scheme (hereinafter referred to as NPS for brevity) @ 10% was required to be made. Therefore, irrespective of the pay that the Central Government offers for Teachers engaged under SSA and RMSA Schemes, the State of Page No.# 31/35 Nagaland had offered the Graduate Teachers the salary under the pay- band with Grade pay as indicated above, with entitlement to contribute towards the New Pension Scheme. 44) It is seen that vide notification No. EDS/SSA-CPA/009- 2008(II) dated 20.10.2009, sanction was accorded for creation of 268 (two hundred sixty eight) temporary posts of Under Graduate Teachers (Non-Gazetted) for 134 Government Primary Schools under the School Education Department at the rate of 2 teachers per school, at a pay scale of Rs.4000-100-6000/- per month plus allowances as admissible in Nagaland from time to time. It was clearly mentioned that the posts of teachers will continue even if the SSA programme is wound-up and further providing that after winding up of the SSA Mission, the salary and other benefits of these teachers shall have to be borne by the State Government. 45) As per the notification no. DSE/RS/2011 dated 21.03.2011, sanction was accorded for creation of 2606 posts of Teachers created under SSA under the Department of School Education, Nagaland, out of which 1271 posts were against 1007 primary schools and 1335 posts were against 449 Middle Schools under SSA Scheme. It was also directed that the Department of School Education shall clearly specify the terms and conditions of appointment in the appointment order indicating that the appointments are through funding under SSA programme. 46) As per notification no. DSE/RS/2011 dated 15.06.2011, sanction was accorded for creation of 482 temporary posts of various categories under School Education Department (RMSA) in the revised scale of pay plus other allowances as are admissible under rules in force in Page No.# 32/35 Nagaland. It was mentioned that this was plan expenditure under RMSA. 47) As per notification No. FIN/ESTT-3/04 (Pt) dated 28.01.2010, the Govt. of Nagaland had accepted the restructured Defined Contribution Pension Scheme of the Govt. of India and thereby providing that all new entrants to the service of the State Government with effect from 01.01.2010, would be covered by the said scheme. 48) On a perusal of the MACP Scheme, which was implemented by the Govt. of Nagaland vide notification no. FIN/ROP- 19/2001 dated 12.10.2010, the same would apply in respect of all regularly appointed Group “A”, “B”, “C” and “D” State Government employees. 49) On examining the post creation orders by the School Education Department, as referred hereinbefore, there cannot be any doubt that the posts of Teachers of various categories were under the Central Govt. Sponsored Schemes of SSA and RMSA. Accordingly, notwithstanding any additional financial benefit granted by the Govt. of Nagaland to those Teachers, including the appellants, like MACP, Grade Pay, Salary under a definite pay-band, the same is not found to dilute the fact that the appointments were made under SSA and RMSA. Thus, as per the appointment orders, only if the SSA and RMSA Schemes were wound- up, it was the obligation of the State Government to continue to pay salaries and other emoluments to the Teachers appointed in various schools under SSA and RMSA, which were Centrally Sponsored Schemes, with School Education Department, being the implementing authority. 50) It is pursuant to the Cabinet decision taken on 21.04.2022, Page No.# 33/35 that the Govt. of Nagaland, School Education Department had issued notification dated 02.09.2022, by which the appellants and others, were brought into the State Education Cadre with effect from 21.04.2022, i.e. the date when the Cabinet decision was taken. Thus, the grant of MACP to the appellants would not have the effect of bringing them into the fold of the State Education Cadre. 51) To that effect, the Court has no disagreement with the well considered decision of the learned Single Judge, which is impugned in this writ petition. In this case, it is clearly mentioned in the appointment orders that the post was created under SSA and RMSA respectively, as the case may be. Thus, any omission on the part of the Government in issuing advertisement or the grant of pay-scale with pay-band or granting of MACP or admitting the appellants to NPS, would not have the effect of diluting the nature of the initial appointment, which was the appointment of the appellants as Graduate Teachers in various schools in the State of Nagaland. 52) Now it is to be examined as to how far the cases cited by the learned counsel for the appellants help the appellants. 53) None of the cases cited by the learned counsel for the appellants are authority on the point that when the appointment of the petitioners were under the Centrally Sponsored SSA Scheme, merely because the appellants were given certain benefit including scale of pay; MACP; service book was opened; they were allowed to join NPS; those would not bring the appellants as a member of the School Education Cadre, which was done with effect from 21.04.2022 only after issuance of notification dated 02.09.2022. It is well settled that having joined the post Page No.# 34/35 of Graduate Teachers, offered to the appellants, they would become entitled to the minimum of pay and/or other emoluments which was being offered by the Central Government under SSA/ RMSA Schemes. However, there was no bar for the School Education Department of the Government of Nagaland to offer better pay structure and other emoluments than they were entitled to under the Centrally Sponsored Schemes of SSA/ RMSA, as the case may be. Therefore, as no purpose would be served in discussing the said case, this order is not burdened with such discussion. Rather, the law laid down by the Supreme Court of India in the case of Dhyan Singh & Ors. (supra) and Parmeshwar Nanda & Ors. (supra), are found to be more applicable under the facts of the case. 54) The cases cited by the learned senior counsel for the appellants are not found to help the appellants in this case because of the distinguishable facts in this case, which is the fact that the appointment orders refer to the post creation under SSA. Therefore, notwithstanding the nature of contents of the appointment orders, it is only after the Cabinet decision was taken on 21.04.2022, that the Govt. of Nagaland, School Education Department had issued notification dated 02.09.2022, and thereby the service of the appellants had come within the State Education Cadre with effect from 21.04.2022. 55) Hence, it is seen that the learned Single Judge, in appreciating the matter, has not committed any perversity whatsoever in appreciation of the facts and law involved in this case. Therefore, the (i) judgment and order dated 10.06.2024, passed by the learned Single Judge in W.P.(C) No. 278(K)/2022; and (ii) judgment and order dated 10.06.2024, passed by the learned Single Judge in W.P.(C) No. Page No.# 35/35 279(K)/2022, do not warrant any interference in this intra-court appeal. 56) Accordingly, this intra-Court appeal is dismissed. 57) However, there shall be no order as to cost. JUDGE JUDGE. Comparing Assistant Private Secretary Digitally signed by Champak Rajbongshi Date: 2026.06.19 15:20:47 +05'30'