Shri. Sokhwulhu Riga v. The State of Nagaland and 3 Ors

ORDER

28.11.2023

Heard Mr. Sentiyanger, learned counsel for the petitioner and Mr. M. Imchen, learned Senior Government Advocate for the State respondent.

¶2In this petition, under Articles 226 of the Constitution of India, the petitioner namely, Shri Sokhwulhu Riga has prayed for directing the State respondents for regularization of his service, in terms of the and Office Memorandum [OM] dated 17.03.2015.

¶3The background facts leading to filing of this petition adumbrated herein below :- "The petitioner was appointed on 02.04.1193, as Work-Charged Sectional Assistant in the department of Executive Engineer, PWD [R&B], Phek, Nagaland and since then he has been rendering service for more than 30 years, without being regularized. Thereafter, on

27.03.2023, the petitioner has filed one representation to the Chief Engineer, NPWD, Kohima, Nagaland and Chief Enginer, PWD [R&B], Kohima, Nagaland for regularization of his service, but, he has not been regularized till date." Being aggrieved, the petitioner has approached this Court by filing the present petition with the prayer as aforesaid.

¶4The State respondents have filed their affidavit-in-opposition, admitting that the petitioner had put more than 30 years in service and he is entitled to be regularized in terms of OM dated Page No.# 3/4

17.03.2015, and the process for regularization has already been initiated and the service of the petitioner has already been verified by the District Level Verification Committee and it will take some time to complete the process.

¶5Mr. Sentiyanger, learned counsel for the petitioner submits that the petitioner was appointed on 02.04.1993, as Work Charged Sectional Assistant and since then he had put more than 30 years of service, without being regularized. Mr. Sentiyanger further submits that in terms of OM dated 17.03.2015, the petitioner in entitled to be regularized as he had put more than 30 years of service as Work Charged Sectional Assistant. Mr. Sentiyanger further submits that in view of his representation dated 27.03.2023, the respondent authorities have not initiated the process till date and therefore, it is contended to allow the petition, by directing the State respondents to regularize the service of the petitioner.

¶6On the other hand, Mr. Imchen, learned Senior Government Advocate for the State respondents fairly submits that the petitioner had put more than 30 years of service as Work Charged Sectional Assistant in the department of Executive Engineer, PWD [R&B], Phek Nagaland and in terms of the OM dated

17.03.2015, the petitioner is entitled to be regularized. Mr. Imchen further submits that the State has already initiated the process of his regularization and it may take 1 month time to complete the entire process.

¶7Having heard the submissions of learned counsel for both the parties, I have carefully gone through the petition as well as the documents placed on record and also perused the affidavit-in-opposition filed by the State respondents. Page No.# 4/4

¶8Indisputably the petitioner was appointed on

02.04.1193, as Work-Charged Sectional Assistant in the department of Executive Engineer, PWD [R&B], Phek, Nagaland and he had put more than 30 years in service as Work Charged Sectional Assistant in the department of Chief Executive Engineer, PWD [R&B], Phek Nagaland and he is entitled to be regularized, in terms of the OM dated 17.03.2015. It also appears that the State has already initiated the process for regularization of the service of the petitioner and the same will be completed within one month.

¶9In view of above and also as agreed by learned counsel for both the parties, this Court is inclined to dispose of this writ petition, by directing the State respondents to complete the entire process of regularization of service of the petitioner within a period of one month from today.

¶10In terms of above, this writ petition stands disposed of. The petitioner shall obtain a certified copy of this order and place the same before the respondent authorities, within a period of one week. The parties have to bear their own costs.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/4 GAHC020001742023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/75/2023 SHRI. SOKHWULHU RIGA AGED ABOUT 55 YEARS, S/O NESAYI RIGA, W/C SECTIONAL ASSISTANT, BEARING CODE NO.PD-107, UNDER THE ESTABLISHMENT OF S.D.O., PWD(R AND B), CHOZUBA SUB-DIVISION, PHEK, NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND WORKS AND HOUSING DEPARTMENT NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA. 4:THE CHIEF ENGINEER PWD(R AND B) NAGALAND KOHIM Advocate for the Petitioner : SENTIYANGER Advocate for the Respondent : GOVT ADV NL Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN