Dr. Vijoho Sakhrie and 8 Ors v. The State of Nagaland and 3 Ors

ORDER Date : 16-02-2024

Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Aliba Ozukum, learned counsel for the review petitioner and Mr. Moa Imchen, learned State counsel for the State respon-dents. Page No.# 3/4 Considering the ground raised in the instant petition, the same is taken up for disposal at this stage. By filing this review petition the petitioner seeks re-view of the judgment and order dated 13/2/2024 passed by this Court in W.P.(C) 70/2023 whereby this Court declined to grant any relief to the petitioners as was prayed for. Claiming that there is a subsequent development in view of the Cabinet deci-sion taken on 8/2/2024 and circulated on 12/2/2024, the peti-tioners have filed this instant review petition. Mr. C.T. Jamir, learned senior counsel submits that as per the agenda No.6 of the Cabinet meeting minutes dated 8/2/2024, the Cabinet has taken a policy decision to regularize the services of contract/adhoc employees as one time dispensa-tion for all categories of employees appointed prior to 6/6/2012 against sanctioned post who have completed 10 years of service and above. The learned senior counsel submits that the review petitioners falls in this category and unless the judgment and or-der passed by this Court on 13/2/2024 is recalled, the petitioners may not have the opportunity to be considered as per the Cabi-net decision. Be stated herein, petitioners have approached this Court through W.P.(C) 70/2023 with 2 specific prayers:-

¶1Top set aside and quash the impugned Agenda No.1(F) of the Cabinet decision dated 23/6/2020

¶2To direct the respondent authorities to regularize the petitioners in terms of the Agenda No.1(7) of the Cabinet decision dated 11/6/2020. Page No.# 4/4 However, this Court upon considering the materials available on record declined to grant relief to the writ petition-ers as was prayed for. Considering the same, this Court is of the considered view that no grounds for review has been made out by the petitioners. In other words, the Cabinet has taken a decision on its own to grant the benefit of regulariza-tion to contract employees working on sanctioned post for a period of 10 years prior to 6/6/2016. If the review petitioners falls in that category it is entirely up to the respondent author-ities concerned to grant them such relief. In view of above, this Court sees no reason to re-view the judgment and accordingly, the review petition stands disposed of in terms of the observation made herein above.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020000672024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kReview.Pet./2/2024 DR.2VIJOHO2SAKHRIE2AND282ORS MEDICAL2OFFICER2(DOCTOR),2 PRIMARY2HEALTH2CENTRE,2JAKHAMA 2:2DR.2HOLIBA2ANAR 2MEDICAL2OFFICER2(DOCTOR) DISTRICT2HOSPITAL2KIPHIRE 3:2DR.2RUOKUOZOTUO2MEZHU 2MEDICAL2OFFICER2(DOCTOR) DISTRICT2HOSPITAL2PHEK 4:2DR.2NUTALU2SWORO 2MEDICAL2OFFICER2(DOCTOR) PRIMARY2HEALTH2CENTER 2KHUZA 5:2DR.2RUKUTO2TETSEO 2MEDICAL2OFFICER2(DOCTOR) PRIMARY2HEALTH2CENTRE 2PEREN 6:2DR.2ROSEMARY2SEMA 2MEDICAL2OFFICER2(DOCTOR) COMMUNITY2HEALTH2CENTRE 2NUILAND 7:2DR.2MHANJAN2KIKON 2MEDICAL2OFFICER2(DOCTOR) PRIMARY2HEALTH2CENTRE 2ENGLAN. 8:2DR.2SUNGTIKUMBA2I2IMCHEN 2MEDICAL2OFFICER2(DOCTOR) Page No.# 2/4 PARAMEDICAL TRAINING INSTITUTE KOHIMA 9: DR. KEZHALETUO KIRE MEDICAL OFFICER (DOCTOR) PARAMEDICAL TRAINING INSTITUTE KOHIM VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY, NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY PERSONNEL AND ADMINISTRATIVE REFORM (P AND AR) NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE NAALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DEPARTMENT OF HEALTH AND FAMILY WELFARE NAGALAND KOHIMA Advocate for the Petitioner : C. T. JAMIR, SR. ADV Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE NELSON SAILO