Shri. Lipoktemsu v. The State of Nagaland and 14 Ors

O R D E R

11.06.2024

Heard Mr. M. Solo, the learned counsel for the petitioner and Mr. E. Thiba Phom, the learned counsel appearing on behalf of the State respondents.

¶2The petitioner herein was appointed as Work-Charged Handyman against the vacancy caused by Shri L. Tia Jamir, Work-Charged Handyman who resigned from service in a pay Page No.# 4/5 scale. Thereupon, the petitioner continued to render his service without any break. It is the case of the petitioner that the private respondents herein were junior to the petitioner, but they were regularized however depriving the petitioner of the benefit of regularization.

¶3Mr. E. Thiba Phom, the learned Government Advocate appearing on behalf of the State respondents submits that in the meantime, the petitioner has already completed 30 years of service in view of the fact that he was appointed on 16.05.1994, that too, on a scale of pay. It has been duly submitted that in terms with the Office Memorandum dated 17.03.2015 and more particularly Clause 1 (ii), those Work-Charged and casual employees in the scale of pay who have completed or would complete 30 years of continuous service after 01.01.2015, their cases for regularization would be taken up subsequently in two batches on the 1st of July and 1st of January every year. In view of the said extant policy which still holds the field, the petitioner herein is entitled to be considered for regularization in terms with Clause 1 (ii) of the Office Memorandum dated 17.03.2015 as he had completed 30 years of service as on 15.05.2024.

¶4Under such circumstances, taking into account the prayer which has been made in the instant proceedings and the specific submission made by the counsel appearing on behalf of the petitioner that the petitioner has no quarrel with the regularization of the private respondents if the petitioner's case is considered in terms with the Office Memorandum dated

17.03.2015, this Court directs the respondent authorities to consider the case of the petitioner for regularization in terms Page No.# 5/5 with clause 1 (ii) of the Office Memorandum dated 17.03.2015.

¶5The said exercise be completed within a period of 4 (four) months from the date a certified copy of the instant order is served upon the respondent No.3.

¶6This Court further directs that upon submission of the certified copy of the instant order to the respondent No.3, the respondent No.2 shall also do the needful so that the order passed herein is being complied with.

¶7In view of the above, the instant petition stands disposed of.

Sd/-

JUDGE Comparing Assistant

PageoNo.#o1/5 GAHC020005542021 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kWP(C)/282/2021 SHRI.2LIPOKTEMSU WORK-CHARGED2HANDYMAN,2OFFICE2OF2THE2MECHANICAL2ENGINEER,2 PWD,2MECHANICAL2DIVISION,2KOHIMA,2NAGALAND VERSUS THE2STATE2OF2NAGALAND2AND2142ORS THROUGH2THE2COMMISSIONER2AND2SECRETARY2TO2THE2GOVT.2OF2 NAGALAND,2WORKS2AND2HOUSING2DEPARTMENT,2NAGALAND,2KOHIMA 2:THE2COMMISSIONER2AND2SECRETARY2TO2THE2GOVT.2OF2 NAGALAND 2PERSONNEL2AND2ADMINISTRATIVE2REFORMS2DEPARTMENT 2NAGALAND 2KOHIMA 3:THE2CHIEF2ENGINEER 2PWD(MECHANICAL) 2NAGALAND 2KOHIMA 4:SHRI.2MEPONGTEMJEN 2HANDYMAN2UNDER2THE2ESTABLISHMENT2OF2ASSTT.2MECHANICAL2 2MOKOKCHUNG2DIVISION 2MOKOKCHUNG 2NAGALAND 5:SHRI.2JUSAHIE2SOPFUNO 2HANDYMAN2UNDER2THE2ESTABLISHMENT2OF2ASSTT.2MECHANICAL2 PageoNo.#o2/5 2SUB-DIVISION 2KOHIMA 2NAGALAND 6:SHRI.2KEYIELIE 2HANDYMAN2UNDER2THE2ESTABLISHMENT2OF2ASSTT.2MECHANICAL2 2MECHANICAL 2SUB-DIVISION 2KOHIMA 2NAGALAND 7:SHRI.2SASHIKUMZUK 2HANDYMAN2UNDER2THE2ESTABLISHMENT2OF2ASSTT.2MECHANICAL2 2MOKOKCHUNG 2NAGALAND 8:SHRI.2H.2WANGPA2KONYAK 2HANDYMAN2UNDER2THE2ESTABLISHEMNT2OF2ASSTT.2MECHANICAL2 2MECHANICAL2ENGINEER 2MON2SUB-DIVISION 2MON 2NAGALAND 9:SHRI.2TIAKUMZUK 2HANDYMAN2UNDER2THE2ESTABLISHEMNT2OF2ASSTT.2MECHANICAL2 MECHANICAL2SUB-DIVISION 2DIMAPUR 2NAGALAND 10:SHRI.2A.AYIMBA2AO 2HANDYMAN2UNDER2THE2ESTABLISHEMNT2OF2ASSTT.2MECHANICAL2 2MOKOKCHUNG2SUB-DIVISION 2MOKOKCHUNG 2NAGALAND 11:SHRI.2TIAKABA 2HANDYMAN Page No.# 3/5 OFFICE OF THE CHIEF ENGINEER(PWD) MECHANICAL KOHIMA NAGALAND 12:SHRI. IMRONGTUBA HANDYMAN UNDER THE ESTABLISHEMNT OF ASSTT. MECHANICAL MON SUB-DIVISION NAGALAND 13:SHRI. YARCHABA HANDYMAN UNDER THE ESTABLISHEMNT OF ASSTT. MECHANICAL MECHANICAL SUB-DIVISION MOKOKCHUNG NAGALAND 14:SHRI. DOVISE ANGAMI MECHANIC HELPER UNDER THE ESTABLISHMENT OF ASSTT. MECHANICAL KOHIMA NAGALAN For the petitioner(s) : Mr. M. Solo, Advocate For the respondent (s) : Mr. E. Thiba Phom, Govt. Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH