Smti. Thungbeni v. The State of Nagaland and 5 Ors

O R D E R

07.06.2024

The petitioner in the instant writ petition admittedly has been appointed on contingency basis. The petitioner has also rendered more that 30 years of service and was granted the scale of pay. However, on account of the judicial interpretation given that the Office Memorandum dated 17.03.2015 would not include contingency workers, Ms. Mika H Aye, the learned counsel appearing on behalf of the petitioner submits that the writ petition in the manner in which it has been filed would not succeed sans a challenge being made to the Office Memorandum dated 17.03.2015. The learned counsel for the petitioner therefore submits that she may be permitted to withdraw the instant writ petition and liberty may be granted to re-file by challenging the Office Memorandum dated

17.03.2015 and seeking other consequential reliefs.

¶2This Court upon hearing the learned counsels appearing on behalf of the petitioner as well as the respondents is of the opinion that the petitioner should be granted the permission to withdraw the instant writ petition and liberty also should be granted in as much as without a challenge to the Office Memorandum dated 17.03.2015, the petitioner would not be Page No.# 3/3 able to get the relief as sought for in the present writ petition.

¶3Accordingly, the instant writ petition stands closed on withdrawal. Liberty granted as sought for.

Sd/-

JUDGE Comparing Assistant

Page No.# 1/3 GAHC020007912022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No.: WP(C)/327/2022 SMTI. THUNGBENI SWEEPER (RTD) R/O ELUMYO VILLAGE WOKHA NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY TO THE GOVT OF NAGALAND P AND AR DEPARTMENT KOHIMA NAGALAND 3:THE PRINCIPAL SECRETARY AND DEVELOPMENT COMMISSIONER DEPARTMENT OF PLANNING AND COORDINATION KOHIMA NAGALAND 4:THE FINANCE COMMISSIONER NAGALAND 5:THE DEPUTY COMMISSIONER WOKHA NAGALAND 6:THE ADDITIONAL DEVELOPMENT COMMISSIONER DEPARTMENT OF PLANNING AND COORDINATION KOHIMA NAGALAND Page No.# 2/3 For the petitioner (s) : Mr. Joshua Sheqi, Advocate Ms. Mika H Aye, Advocate For the respondent (s) : Ms. Inaholi, Govt Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH