Smti. Lomongi v. The State of Nagaland and 4 Ors

ORDER Date : 04-12-2023 Heard Ms. Limanaro, learned counsel for the peti-tioner and Ms. S. Mere, learned Government Advocate for all the respondents. The case of the petitioner is that her husband had been appointed as a work charged Labour on fixed pay of Rs.375/- p.m vide office order dated 12.05.1987. While in ser-vice, petitioner's husband 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. Prior to the Government taking the decision in pursuant of the order dated 21.121.2018 passed in W.P.(C) 228(K)/2018, the petitioner's husband died after completing 32 years of service. The petitioner thereafter, has filed this case, praying for grant of the minimum scale of pay as applicable to 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 scheme for regu-larizing and absorption of work charged and casual employees. During the proceedings of this case, the petitioner's husband Page No.# 3/4 was given scale of pay vide order dated 28.01.2020 issued by the Deputy Secretary to the Government of Nagaland Kohima, PHED. Subsequently corrigendum dated 27.09.2023 was is-sued wherein it was indicated that the minimum scale of pay would be given to the petitioner w.e.f 1.11.2018, issued by the Chief Engineer, PHED, Nagaland Kohima. Ms. S. Mere, learned Sr. Government Advocate has submitted letter No.CE/PHE/GEN-EST/2005 dated 20.09.2023 issued by the Deputy Secretary to the Government of Naga-land, Kohima,PHED, 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's husband. Ms. Limanaro, learned counsel for the petitioner submits that 3(three) months time should be sufficient, inas-much as, the State respondents have been taking time since

21.09.2023, for regularization of the service of the petitioner's late husband. 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 petition-er's husband, this Court is of the view that the State respon-dents should complete the process of regularizing the service of the petitioner's late husband, within a period of 4(four) months from today. The writ petition is accordingly disposed of. Page No.# 4/4 The office order dated 28.01.2020, Corrigendum dated 27.09.2023 and letter dated 20.09.2023 are made part of the record and marked as Annexure 'X', 'Y' and 'Z' respec-tively.

Sd/- JUDGE Comparing Assistant

Page No.# 1/4 GAHC020004262021 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/202/2021 SMTI. LOMONGI WIFE OF LATE. NRIBEMO LOTHA, YANTHAMO VILLAGE, WOKHA NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND KOHIMA 2:THE SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS NAGALAND KOHIMA 3:THE COMMISSIONERT AND SECRETARY PUBLIC HEALTH ENGINEERING DEPARTMENT,NAGALAND KOHIMA 4:THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT WOKHA NAGALAND Advocate for the Petitioner : LIMANARO Advocate for the Respondent : Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA