Shri Ntsutamo Lotha v. The State of Nagaland and 4 Ors

JUDGMENT Date : 04-12-2023 Heard Ms. Limanaro, learned counsel for the petitioner and Ms. S. Mere, learned Government Advocate for all the respondents. The case of the petitioner is that he had been appointed as a work charged Labour on fixed pay of Rs.210/- p.m w.e.f

24.11.1983, vide office order dated 29.11.1983, issued by the Executive Engineer, PHE Division, Wokha. As the petitioner was not given scale of pay, the petitioner along with others filed W.P.

(C)228(K)/2018 before this Court, praying for grant of scale of pay as provided to regularly appointed Grade-IV employees. W.P.

(C)228(K)/2018 was disposed of by order dated 21.11.2018, by directing the State respondents to consider the prayer of the petitioners to pay them scale of pay as provided to regular Grade-IV employees. As the direction passed in W.P.(C) 228(K)/2018 was not complied with, the petitioner filed the present writ petition, praying for granting scale of pay as applicable to regular Grade-IV employees and to regularize the service of her husband, in terms of the O.M. dated 17.03.2015 issued by the Government of Nagaland, P & AR Department (Administrative reforms Branch), which is the Page No.# 3/4 scheme for regularizing and absorption of work charged and casual employees. During the proceedings of this case, the petitioner was given scale of pay, vide order dated 28.01.2020 issued by the Deputy Secretary the Government of Nagaland, Kohima, PHED. The petitioner's service as work charged Labour (fixed pay) was upgraded to work charged Khalasi in the scale of pay Rs.3000-15200/- with Grade Pay Rs.1300/- in terms of the Court's order dated 21.11.2018 passed in W.P.(C)228(K)/2018 w.e.f.01.01.2018 vide office order dated 27.09.2023 issued by the office of the Chief Engineer, PHED. Ms. S. Mere, learned Sr. Government Advocate has submitted letter No.CE/PHE/GEN-EST/2005 dated 20.09.2023 which is to the effect that the case of the petitioner is under process for regularization as per the O.M dated 17.03.2015 and the respondents require 6 (six) months time to finalize the process for regularization of service of the petitioner. Ms. Limanaro, learned counsel for the petitioner submits that 3(three) months should be sufficient time, inasmuch as, the State respondents have been taking time since 21.09.2023, for regularization of the service of the petitioner. On considering the fact that there is nothing left to adjudicate in this case as the State Government has already initiated the process for regularizing the service of the petitioner, this Court is of the view that the State respondents should complete the process of regularizing the service of the petitioner within a period of 4(four) months from today. The writ petition is accordingly disposed of. Page No.# 4/4 The office order dated 27.09.2023, is made a part of the record and marked as Annexure 'A'.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020004262021 2023:GAU-NL:496 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH) KOHIMAoBENCH CaseoNo.o:oWP(C)/203/2021oooo SHRIoNTSUTAMOoLOTHA KOIOoVILLAGEoWOKHAoNAGALAND oVERSUS THEoSTATEoOFoNAGALANDoANDo4oORS REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVERNMENTo OFoNAGALAND 2:THEoSECRETARYoTOoTHEoGOVERNMENToOFoNAGALAND DEPARTMENToOFoPERSONNELoANDoADMINISTRATIVEoREFORMS oNAGALANDoKOHIMA o3:THEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVERNMENToOFo NAGALAND PUBLICoHEALTHoENGINEERINGoDEPARTMENT oNAGALAND oKOHIMA o4:THEoCHIEFoENGINEER PUBLICoHEALTHoENGINEERINGoDEPARTMENT oNAGALANDoKOHIMA o5:THEoEXECUTIVEoEMGINEER PUBLICoHEALTHoENGINEERINGoDEPARTMENT oWOKHAoNAGALAND o------------ oAdvocateoforo:oLIMANARO Advocateoforo:oGOVToADVoNLoappearingoforoTHEoSTATEoOFoNAGALANDo Page No.# 2/4 AND 4 ORS BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA