All Nagaland Pwd Field Workers Association (Anpwdfwa) and 2 Ors v. The State of Nagaland and 7 Ors

ORDER Date : 09-04-2024

Heard Mr. Supongwati Walling, learned counsel for the petitioners and Mr. Moa Imchen, learned Sr. Government Ad-vocate for the State respondents.

¶2The petitioner is the 'All Nagaland PWD Field Workers Association (ANPWDFWA)' represented by the President, the General Secretary and the Joint Secretary of the Association. Page No.# 3/4

¶3The writ petition has been filed for grant of minimum scale of pay to the petitioners' Association (W/C fixed pay em-ployees) under the Department of NPWD, Nagaland as per the relevant rules and in terms of the judgment dated 26/10/2016 passed by the Hon'ble Supreme Court in the State of Punjab & Ors vrs Jagjit Singh & Ors reported in 2017 (1) SCC 148.

¶4Today when the matter is listed, Mr. Moa Imchen, the learned Sr. Government Advocate has placed the copy of the No-tification dated 16/2/2024 issued by the Chief Secretary to the Government of Nagaland. By the said Notification a Committee has been constituted to work out the various options and to sug-gest a suitable policy for regulating remuneration and terms of service of the contingency and fixed pay employees after due consultation with various stakeholders. The Notification further provides that the terms of reference for the Committee will be:- a) To examine the existing legislation and the Supreme Court di-rectives with regard to pay parity between contingency and regular employees. b) Study the policy and practices prevailing in other states in this regard. c) To examine various policy options keeping in view the finan-cial resources of the state and the welfare of such employees. d) To suggest a suitable policy framework for remuneration of contingency paid employees.

¶5Mr. Supongwati Walling, the learned counsel for the petitioner submits that since by the Notification dated 16/2/2024, the Government has constituted the Committee to work out various options and to suggest a suitable policy for reg-Page No.# 4/4 ulating remuneration and terms of service of contingency and fixed pay employees, the writ petition may be disposed of for enabling the Government to work out various options and to take a suitable policy for regulating remuneration and terms of service of contingency and fixed pay employees. The learned Sr. Government Advocate is not averse to the submissions made by the learned counsel for the petitioner.

¶6In view of the submissions made by the learned counsel for the parties, this writ petition is disposed of directing the Committee constituted by the State Government to work out various options and to suggest a suitable policies for regulating remuneration and terms of service of contingency and fixed pay employees after due consultation with the stakeholders and in the light of the terms of reference referred to the Com-mittee by the Government within a reasonable period of time, so as to enable the Government to expeditiously take a policy deci-sion for regulating remuneration and terms of service of contin-gency and fixed pay employees, in accordance with law.

¶7The writ petition stands disposed of.

¶8The Notification dated 16/2/2024 shall be a part of the record of this case.

Sd/- JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC020001252023 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/49/2023 ALL2NAGALAND2PWD2FIELD2WORKERS2ASSOCIATION2(ANPWDFWA)2 AND222ORS REPRESENTED2BY2THE2PRESIDENT2SHRI.2K.2ATOVI2AWOMI, 2HEADQUARTER-KOHIMA,2NAGALAND,2 REGD.2NO.2ED/GSS/RS/2/2033/91-92(PT),2 DATED224-03-1993. 2:2ALL2NAGALAND2PWD2FIELD2WORKERS2ASSOCIATION (ANPWDFWA) 2REPRESENTED2BY2THE2PRESIDENT2SHRI.ZUBEMO2NGULLIE 2HEADQUARTER-KOHIMA 2NAGALAND 2REGD.2NO.2ED/GSS/RS/2/2033/91-92(PT) 2DATED224-03-1993. 3:2ALL2NAGALAND2PWD2FIELD2WORKERS2ASSOCIATION2 (ANPWDFWA) 2REPRESENTED2BY2THE2JOINT2SECRETARY2SHRI.2YANGTAN2CHANG 2HEADQUARTER-KOHIMA 2NAGALAND 2REGD.2NO.2ED/GSS/RS/2/2033/91-92(PT) 2DATED224-03-1993 VERSUS THE2STATE2OF2NAGALAND2AND272ORS THROUGH2THE2CHIEF2SECRETARY2TO2THE2GOVT.2OF2NAGALAND,2 KOHIMA 2:THE2COMMISSIONER2AND2SECRETARY2TO2THE2GOVT.2OF2 NAGALAND 2P2AND2AR2DEPARTMENT 2NAGALAND2KOHIMA Page No.# 2/4 3:THE FINANCE COMMISSIONER TO THE GOVT. OF NAGALAND KOHIMA NAGALAND 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND WORKS AND HOUSING DEPARTMENT NAGALAND KOHIMA 5:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 6:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (R AND B) NAGALAND KOHIMA 7:THE CHIEF ENGINEER PWD (H) NAGALAND KOHIMA 8:THE CHIEF ENGINEER PWD (NH) KOHIMA NAGALAND Advocate for the Petitioner : SUPONGWATI WALLING Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA