Mrs. Wanpen Konyak v. The State of Nagaland and 5 Ors

ORDER Date : 29-02-2024

¶1Heard Mr. H.H. Kinimi, learned counsel for the petitioner and Ms. A. Ayemi, learned Government Advocate, Nagaland.

¶2The petitioner Mrs. Wanpen Konyak has filed this application under Article 226 of the Constitution of India for issuance of the Writ of Mandamus or Certiorari or any other appropriate writ, order or direction to the respondents to regularise the service of the petitioner from the day of completion of 30 years of service, with all consequential benefits. It is further prayed that the State respondent is to apply the same yardstick applied for similarly situated person and regularise her service.

¶3The learned counsel for the respondents has submitted that the revision petition marked as Annexure-E of the writ petition is yet to be considered and the representation would be considered by the respondents as per the applicable norms. The petitioner's case is that the petitioner is appointed as Worked Charged Sweeper by Order vide Memo No. MD/WC-4/608-09(A) w.e.f. 18.06.1991. It is further submitted that the petitioner has served the department over 33 years and is still in service. As per Office Memorandum bearing No. AR-3/GEN-201/2009 dated 17.03.2015 of Class-1(a) all existing Work-charged and casual employees of various departments who have completed 30 years or more in continuous services as on Page No.# 3/3

01.01.2015, they are to be regularised. However, in spite of the above mentioned Office Memorandum dated 17.03.2015 the services of the petitioner has not been regularised.

¶4It is submitted at the Bar that the representation of the petitioner is still under consideration and considering the submissions at the Bar with circumspection the respondent No. 5 is directed to consider the representation of the petitioner a per the OM No. AR-3/GEN-201/2009 dated 17.03.2015.

¶5In terms of the above observations, this petition is disposed of.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020000922024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/33/2024 MRS. WANPEN KONYAK WORK CHARGED SWEEPER, PWD ( R AND B) MON DIVISION R/O S/ CHINGNYU VILLAGE MON NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND NPWD (R AND B) NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPT. NAGALAND KOHIMA 4:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 5:THE CHIEF ENGINEER NPWD (R AND B) NAGALAND KOHIMA 6:THE EXECUTIVE ENGINEER PWD ( R AND B) MON DIVISION KOHMA NAGALAN Advocate for the Petitioner : H H KINIMI Advocate for the Respondent : GOVT ADV NL Page No.# 2/3 BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND