ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) AND 2 ORS v. THE STATE OF NAGALAND AND 7 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE KAKHETO SEMA
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-04-09. ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) AND 2 ORS v. THE STATE OF NAGALAND AND 7 ORS. Read the...
Judgment text
Page No. # 1/4 GAHC020001252023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/49/2023 ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) AND 2 ORS REPRESENTED BY THE PRESIDENT SHRI. K. ATOVI AWOMI, HEADQUARTER-KOHIMA, NAGALAND, REGD. NO. ED/GSS/RS/2/2033/91-92(PT), DATED 24-03-1993. 2: ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) REPRESENTED BY THE PRESIDENT SHRI. ZUBEMO NGULLIE HEADQUARTER-KOHIMA NAGALAND REGD. NO. ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993. 3: ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) REPRESENTED BY THE JOINT SECRETARY SHRI. YANGTAN CHANG HEADQUARTER-KOHIMA NAGALAND REGD. NO. ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 VERSUS THE STATE OF NAGALAND AND 7 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPARTMENT NAGALAND KOHIMA Page No. # 2/4 3:THE FINANCE COMMISSIONER TO THE GOVT.
OF NAGALAND KOHIMA NAGALAND 4:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND WORKS AND HOUSING DEPARTMENT NAGALAND KOHIMA 5:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 6:THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (R AND B) NAGALAND KOHIMA 7:THE CHIEF ENGINEER PWD (H) NAGALAND KOHIMA 8:THE CHIEF ENGINEER PWD (NH) KOHIMA NAGALAND Advocate for the Petitioner : SUPONGWATI WALLING Advocate for the Respondent : GOVT ADV NL BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER Date : 09-04-2024 Heard Mr. Supongwati Walling, learned counsel for the petitioners and Mr. Moa Imchen, learned Sr. Government Advocate for the State respondents. 2. The petitioner is the ‘All Nagaland PWD Field Workers Association (ANPWDFWA)’ represented by the President, the General Secretary and the Joint Secretary of the Association. Page No. # 3/4 3.
The writ petition has been filed for grant of minimum scale of pay to the petitioners’ Association (W/C fixed pay employees) under the Department of NPWD, Nagaland as per the relevant rules and in terms of the judgment dated 26/10/2016 passed by the Hon’ble Supreme Court in the State of Punjab & Ors vrs Jagjit Singh & Ors reported in 2017 (1) SCC 148. 4. Today when the matter is listed, Mr. Moa Imchen, the learned Sr. Government Advocate has placed the copy of the Notification dated 16/2/2024 issued by the Chief Secretary to the Government of Nagaland. By the said Notification a Committee has been constituted to work out the various options and to suggest a suitable policy for regulating remuneration and terms of service of the contingency and fixed pay employees after due consultation with various stakeholders.
The Notification further provides that the terms of reference for the Committee will be:-a) To examine the existing legislation and the Supreme Court di-rectives with regard to pay parity between contingency and regular employees. b) Study the policy and practices prevailing in other states in this regard. c) To examine various policy options keeping in view the finan-cial resources of the state and the welfare of such employees. d) To suggest a suitable policy framework for remuneration of contingency paid employees. 5. Mr. Supongwati Walling, the learned counsel for the petitioner submits that since by the Notification dated 16/2/2024, the Government has constituted the Committee to work out various options and to suggest a suitable policy for reg- Page No.
# 4/4 ulating remuneration and terms of service of contingency and fixed pay employees, the writ petition may be disposed of for enabling the Government to work out various options and to take a suitable policy for regulating remuneration and terms of service of contingency and fixed pay employees. The learned Sr. Government Advocate is not averse to the submissions made by the learned counsel for the petitioner. 6.
In view of the submissions made by the learned counsel for the parties, this writ petition is disposed of directing the Committee constituted by the State Government to work out various options and to suggest a suitable policies for regulating remuneration and terms of service of contingency and fixed pay employees after due consultation with the stakeholders and in the light of the terms of reference referred to the Committee by the Government within a reasonable period of time, so as to enable the Government to expeditiously take a policy deci-sion for regulating remuneration and terms of service of contingency and fixed pay employees, in accordance with law. 7. The writ petition stands disposed of. 8. The Notification dated 16/2/2024 shall be a part of the record of this case. Sd/- JUDGE Comparing Assistant
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