SHRI. SENDENBA LONGCHAR v. THE STATE OF NAGALAND AND 4 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE NELSON SAILO
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-02-16. SHRI. SENDENBA LONGCHAR v. THE STATE OF NAGALAND AND 4 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/13 GAHC020007892022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/324/2022 SHRI. ASUINGAU AND 2 ORS S/O SHRI. RAHEING, PRESENTLY SERVING AS GRADUATE TEACHER(MATHS) AT GOVERNMENT MIDDLE SCHOOL, SAIJANG, PEREN, NAGALAND 2: SHRI. ISIGWAMILE ZELIANG D/O HANSIUKIENG ZELIANG PRESENTLY SERVING AS GRADUATE TEACHER(MATHS) AT GOVERNMENT MIDDLE SCHOOL JALUKIE - B PEREN NAGALAND 3: SHRI. ISAAC S/O SHRI PEIDA PRESENTLY SERVING AS GRADUATE TEACHER AT GOVERNMENT PRIMARY SCHOOL NGAWALWA PEREN NAGALAN VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA, NAGALAND 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF SCHOOL EDUCATION Page No.
# 2/13 NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER PEREN NAGALAN Advocate for the Petitioner : T. B. JAMIR Advocate for the Respondent : GOVT ADV NL Linked Case : WP(C)/33/2023 SMTI. VINITOLI K AYE D/O SHRI. KHUTOVU AYE PRESENTLY SERVING AS GRADUATE TEACHER GOVT. HIGH SCHOOL SOUTH POINT ZUNHEBOTO NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION Page No. # 3/13 NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER ZUNHEBOTO NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/27/2023 SHRI.
SANJAY SHARMA AND 4 ORS S/O SHRI. SABILAL SHARMA PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL PUKHATO DIMAPUR NAGALAND 2: SHRI. ILOTO KIBA S/O SHRI. HETOSHE KIBA PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL WARD-4 DIMAPUR NAGALAND 3: SMTI. SENDONGKALA S/O SHRI. LT. RONGSEN TZUDIR PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL TOWN PRIMARY DIMAPUR NAGALAND 4: SHRI. BENDANGLIBA S/O SHRI. IMLINUKSHI AO PRESENTLY SERVING AS PRIMARY TEACHER GOVT. HIGH SCHOOL CHUMUKEDIMA NAGALAND Page No. # 4/13 5: SMTI. VISIELHOUNO CHASE D/O SHRI. LHOUMEGOLIE CHASIE PRESENTLY SERVING AS PRIMARY TEACHER GOVT.
MIDDLE SCHOOL TSUUMA DIMAPUR NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOCT OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER DIMAPUR NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/26/2023 SMTI. SEYIEVI THEYO AND 3 ORS D/O SHRI. B. N. THEYO PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL OFFICERS HILL KOHIMA NAGALAND 2: SMTI. NEIPHREVINUO D/O SHRI. VINGUSA MOR PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL OFFICERS HILL KOHIMA NAGALAND Page No. # 5/13 3: SHRI. NEIKUOLIE KETS S/O SHRI. YACHUTUO KETS PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL KIJUMETOUMA KOHIMA MAGALAND 4: SHRI. DIEZEVILIE CHUCHA S.
/O SHRI. NEICHURIAZO CHUCHA PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL MENGUJUMA KOHIMA NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATIONAL OFFICER KOHIMA NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/32/2023 SHRI. SENDENBA LONGCHAR S/O SHRI. LANUKOKBA LONGCHAR PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL MONYAKSHU A MON NAGALAND VERSUS Page No. # 6/13 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT.
OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER TOBU MON NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/325/2022 SMTI. SUNGJEMKALA LENDEN AND ANR D/O SHRI. ALEMTUBA LENDEN PRESENTLY SERVING AS GRADUATE TEACHER AT GOVERNMENT MIDDLE SCHOOL KHEKIHO CHUMOUKEDIMA NAGALAND 2: SMTI. MOARENLA AO D/O SHRI. CHUCHANGSANGBA PRESENTLY SERVING AS PRIMARY TEACHER AT GOVERNMENT PRIMARY SCHOOL VIHOSHI CHUMOUKEDIMA NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND KOHIMA Page No.
# 7/13 2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER DHANSIRIPAR CHUMOUKEDIMA NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/31/2023 SHRI. NYINGTHUNGO YANTHAN AND 5 ORS S/O SHRI. SATSO YANTHAN PRESENTLY SERVING AS GRADUATE TEACHER GOVT. PRIMARY SCHOOL LONGTSIRI WOKHA NAGALAND 2: SHRI. MHATHUNG NGULLIE S/O SHRI. SOPHAMO NGULLIE PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL AMBOTO NEW WOKHA NAGALAND Page No. # 8/13 3: SHRI. C. ALBERT YANTHAN S/O SHRI. CHUMBEMO YANTHAN PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL AMBOTO NEW WOKHA NAGALAND 4: SHRI. MOTSUTHUNG JAMIO S/O SHRI. HAYITHUNG JAMIO PRESENTLY SERVING AS PRIMARY TEACHER GOVT.
PRIMARY SCHOOL LONGTSIRI WOKHA NAGALAND 5: SHRI. AKEYITO S/O SHRI. VIHESHE ZHIMOMI PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL SUMITO WOKHA NAGALAND 6: SMTI. LORENBENI L. ODYOU S/O SHRI. LITHUNGBEMO ODYOU PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL CHANDALASHUNG(B) WOKHA NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER WOKHA NAGALAND ------------ Advocate for : T. B. JAMIR Page No. # 9/13 Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/29/2023 SHRI. ATHONG YIM S/O SHRI. LENSUTHONG YIM PRESENTLY SERVING AS GRADUATE TEACHER GOVT.
PRIMARY SCHOOL TSINGDANG KIPHIRE NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER PUNGRO KIPHIRE NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/28/2023 SMTI. IMSUNARO AND ANR D/O SHRI. J. YAMGER IMSONG PRESENTLY SERVING AS GRADUATE TEACHER GOVT. PRIMARY SCHOOL Page No. # 10/13 AOPENZU MOKOKCHUNG NAGALAND 2: SMTI. TIAKUMLA OZUKUM D/O SHRI. IMTIOMEN PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY SCHOOL AOPENZU MOKOKCHUNG NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRSENTED BY THE CHIEF SECRETARY TO THE GOVT.
OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER MOKOKCHUNG NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/30/2023 SHRI. IMKONGSUNEP AND ANR S/O SHRI. TEKAMAYANG PRESENTLY SERVING AS GRADUATE TEACHER GOVT. MIDDLE SCHOOL SANGLAO NOKLAK NAGALAND 2: SHRI. P. SHOU KHIAM S/O SHRI PACHU KHIAM PRESENTLY SERVING AS PRIMARY TEACHER GOVT. PRIMARY TEACHER Page No. # 11/13 KINGPAO NOKLAK NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT.
OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 4:THE DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE SUB-DIVISIONAL EDUCATION OFFICER NOKLAK NAGALAND ------------ Advocate for : T. B. JAMIR Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 4 ORS BEFORE HON'BLE MR. JUSTICE NELSON SAILO ORDER Date : 16-02-2024 This Order will dispose of all the writ petitions since the issues involved are similar. [2. ] Heard Mr. I. Jamir, learned counsel for the petitioners and Mr. N. Angami, learned State Counsel for the State respondents. [3. ] It is the case of the petitioners that they were all appointed either as a Graduate Teachers or Primary Teachers between the years 2010 to 2014. The State Government in the School Education Department came up with an Office Memorandum dated 27. 01. 2015 issued under Memo No. Page No.
# 12/13 ED/EL/WKA-5/10-11(Pt) wherein, the pay of the Primary Teachers have been enhanced from Rs. 6,700/- to Rs. 20,080/- and the pay of Graduate Teachers has been enhanced from Rs. 8,400/- to Rs. 27,400/- with immediate effect. Although the petitioners were entitled to receive the enhanced pay with immediate effect, they have been given the enhanced pay only subsequently by various orders. In other words, the amount due to the petitioners varies from case to case. [4. ] The learned counsel for the petitioner submits that as of today, the petitioners are getting their enhanced pay but the arrears have not been cleared till date. [5. ] Mr. N.
Angami, learned State Counsel submits that the State respondents have not disputed the fact that there are arrears pending to be paid to the petitioners but as stated by the learned counsel for the petitioners, the amount due varies from person to person and therefore, the respondents may be granted liberty to make appropriate verification and calculation of the amount due to each of the petitioners. He further submits that in case of petitioner Nos. 2 & 4 in WP(C) No. 26/2023, they are Adhoc Graduate Teachers belonging to the State cadre. Since the Office Memorandum dated 27. 01. 2015 only covers the case of SSA Teachers, liberty may be granted to the respondents to send them back to their original cadre. He further submits that whatsoever amount due to them while working along with all other SSA Teachers, the same shall be cleared by the State respondents. [6. ] Considering the above submission, the writ petitions are Page No.
# 13/13 disposed of with a direction to the State respondents to verify and make assessment of amount due to each of the Teachers within a period of eight (8) weeks from the date of receipt of a certified copy of this Order and upon making such verification and assessment, the amount due to each of the petitioners shall be disbursed to them within a period of four (4) months thereafter. Liberty is also granted to the State respondents to take necessary steps in respect of the petitioner Nos. 2 & 4 in WP(C) No. 26/2023. However, they shall not deprive of the enhanced pay for the period they have put into service. [7. ] In view of the above observations and directions, the writ petitions are disposed of. Sd/- JUDGE Comparing Assistant
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