R. Bumba Yimchunger v. The State of Nagaland and 8 Ors

ORDER

28.11.2023

Heard Mr. S. Walling, learned counsel for the petitioner and Ms. N. Zhimomi, learned counsel for the State respondent.

¶2In this petition, under Articles 226 of the Constitution of India, the petitioner namely, Shri R. Bumba Yimchunger has prayed for directing the State respondents for regularization of his service, in terms of the and Office Memorandum [OM] dated 17.03.2015, and pursuant to the order dated 17.09.2019, passed in W.P.[C] No. 146[K]/2019, and to extend the pay benefit and retirement benefit to him.

¶3The background facts leading to filing of this petition is adumbrated herein below :- "The petitioner was appointed on 04.04.1985, as Work-Charged Employee under the establishment of Executive Page No.# 3/5 Engineer [PHED], Tuensang Division, Tuensang, Nagaland and he served in the department for more than 30 years without regularization. Thereafter, he filed one Writ Petition, being W.P.[C] No. 146/2019, before this Court and vide order dated 17.09.2019, the same was disposed of by directing the respondent No. 4, Chief Engineer [PHED] Kohima, Nagaland to consider the case of the petitioner in terms of OM dated 17.03.2015, within two weeks. But, while waiting for his regularization, vide office order dated 01.05.2020, he retired from his service on 31.04.2020, on completion of 31 years of service, without getting pensionary benefit and retirement benefit." 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

17.03.2015, and the process for regularization has already been initiated.

¶5Mr. Walling, learned counsel for the petitioner submits that the petitioner was appointed on 04.04.1985, as Work Charge Employee and after serving the department for more than 30 years, he retired from his service on 01.05.2020, without being regularized and without getting pensionary benefit and retirement benefit. Mr. Walling further submits that the petitioner had filed one writ petition, being W.P.[C] No. 146/2019, wherein this Court had directed the respondent No. 4, Chief Engineer [PHED] Kohima, Page No.# 4/5 Nagaland to regularize the service of the petitioner, but, the said authority has failed to carry out the same and for which, the petitioner instituted one Contempt Petition against the respondent No. 4 and the said petition was disposed of by this Court, vide order dated 07.06.2023. Mr. Walling 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 Charge Employee. Referring, to the affidavit-in-opposition filed by the State respondents, Mr. Walling also submits that the respondent authority has submitted a list for regularization of Work Charge Employee, who have completed 30 years in service, and in the said list the name of the petitioner finds mention at Serial No. 10 and as the respondent authority has already initiated the process to regularize the Work Charge Employee, this writ petition may be disposed of, by directing the State respondents to complete the process of regularization within a stipulated period.

¶6On the other hand, Ms. Zhimomi, learned counsel for the State respondents fairly submits that the petitioner has put more than 30 years of service as Work Charge Employee under the establishment of Executive Engineer [PHED], Tuensang Division, Tuensang, Nagaland and in terms of the OM dated 17.03.2015, and in view of the order of this Court in Writ Petition No. 146/2019, the petitioner is entitled to be regularized. Ms. Zhimomi further submits that the State has already started the process of his regularization and it may take some 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-Page No.# 5/5 in-opposition.

¶8Indisputably, the petitioner was appointed on

04.04.1985, as Work-Charged Employee under the establishment of Executive Engineer [PHED], Tuensang Division, Tuensang, Nagaland and he had put more than 30 years service as Work Charge Employee. It is also not in dispute that while waiting for his regularization, vide office order dated 01.05.2020, he retired from his service on 31.04.2020, on completion of 31 years of service, without getting pensionary benefit and retirement benefit. Further, it appears that he is entitled to be regularized, in terms of the OM dated 17.03.2015, and Writ Petition No. 146/2019. It also appears that the State has already started the process for regularization of the service of the petitioner.

¶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 4 [four] months 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 2 [two] weeks. The parties have to bear their own costs.

Sd/-

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020004802020 2222222 222222222222222 2222222222222222THE(GAUHATI(HIGH(COURT (HIGH(COURT(OF(ASSAM,(NAGALAND,(MIZORAM(AND(ARUNACHAL(PRADESH) KOHIMA(BENCH Case(No.(:(WP(C)/167/2020 R.2BUMBA2YIMCHUNGER WORK2CHARGED2KHALASI,2 O/O2THE2EXECUTIVE2ENGINEER,2PHED,2TUENSANG2DIVISION,2TUENSANG,2 NAGALAND VERSUS THE2STATE2OF2NAGALAND2AND282ORS THROUGH2THE2CHIEF2SECRETARY2TO2THE2GOVT.2OF2NAGALAND,2KOHIMA 2:THE2COMMISSIONER2AND2SECRETARY 2DEPARTMENT2OF2PERSONNEL2AND2ADMINISTRATIVE2REFORMS 2NAGALAND 2KOHIMA 3:THE2FINANCE2COMMISISONER 2NAGALAND 2KOHIMA 4:THE2COMMISSIONER2AND2SECRETARY2TO2THE2GOVT.2OF2NAGALAND 2PUBLIC2HEALTH2ENGINEERING2DEPARTMENT 2NAGALAND 2KOHIMA 5:THE2ENGINEER-IN-CHIEF 2PUBLIC2HEALTH2ENGINEERING2DEPARTMENT 2NAGALAND 2KOHIMA 6:THE2CHIEF2ENGINEER 2PUBLIC2HEALTH2ENGINEERING2DEPARTMENT 2NAGALAND 2KOHIMA Page No.# 2/5 7:THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT TUENSANG NAGALAND 8:THE TREASURY OFFICER TUENSANG NAGALAND 9:THE ACCOUNTANT GENERAL(A AND E) NAGALAND KOHIM Advocate for the Petitioner : SUPONGWATI WALLING Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE ROBIN PHUKAN