SMTI. MEYATOLA v. THE STATE OF NAGALAND AND 3 ORS
Court: Gauhati High Court
Bench: HON'BLE MR. JUSTICE L.S. JAMIR
Judgment date:
Case summary
Gauhati High Court judgment dated 2024-06-18. SMTI. MEYATOLA v. THE STATE OF NAGALAND AND 3 ORS. Read the judgment and case details on LawSphereX.
Judgment text
Page No. # 1/4 GAHC020006522023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/288/2023 SMTI. MEYATOLA KHALASI (WORK-CHARGED) O/O EXECUTIVE ENGINEER WOKHA DIVISION NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECREATRY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY PHED NAGALAND KOHIMA 3:THE CHIEF ENGINEER PHED NAGALAND KOHIMA 4:THE EXECUTIVE ENGINNEER WOKHA DIVISION PHED NAGALAND ------------ Advocate for : TOSHI O. LONGKUMER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 3 ORS Page No. # 2/4 BEFORE HON'BLE MR. JUSTICE L. S. JAMIR ORDER Date : 18. 06. 2024 Heard Mr. Toshi O. Longkumer, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Govt. Advocate appearing for all the respondents. 2. The petitioner was appointed as a Work-charged Skilled Khalasi on a fixed pay of Rs.
540/- per month by an Office order th dated 10 of February, 1992, issued by the Executive Engineer, th PHED Division, Wokha. Thereafter, by an Office Order dated 18 of December, 1995, issued by the Addl. Chief Engineer, PHED, Nagaland, the service of the petitioner was promoted to Work-charged Skilled Khalasi in the scale pay of Rs. 800-1475/- per month. The case of the petitioner is that she has been serving for the last 32 years and 4 months as a Work-charged Skilled Khalasi. The further case of the petitioner is that the Personnel and Administrative reforms Department (Administrative Reforms Branch), Govt. of Nagaland has issued an Office Memorandum dated th 17 of March, 2015, providing for a Scheme for regularization and absorption of Work-charged and Casual Employees and revision of th pay/wages.
In the said Office Memorandum dated 17 of March, 2015 it is provided that all existing Work-charged and Casual Employees of various Departments who are enjoying scale pay and who have completed 30 (thirty) years or more continuous service as on 01. 01. 2015 will be regularized by conversion of their posts into Page No. # 3/4 regular ones personal to them and subject to fulfillment of conditions as indicated in the said O. M. 3. The learned counsel for the petitioner submits that as the petitioner has completed 32 years and 4 months as Work-charged Skilled Khalasi on regular scale of pay, the case of the petitioner should be regularized in terms of the Office Memorandum dated th 17 of March. 2015. It is also submitted that the petitioner will be retiring in the month of February, 2027 and therefore, it is imperative on the part of the State respondents to consider the case of the petitioner for regularization in terms of the office th Memorandum 17 of March, 2015. 4.
No counter affidavit has been filed by the State respondents. However, Mr. E. Thiba Phom, learned Govt. Advocate submits that as the State respondents has issued the Office Memorandum dated th 17 of March, 2015, wherein, certain conditions has been given for regularization of services of both Work-charged and casual employees of various Departments who are enjoying scale pay, the matter may be remanded to the concerned authorities for consideration of the case of the petitioner in terms of the Office th Memorandum dated 17 of March, 2015. 5. Recording the statement made by the learned Govt. Advocate, this Writ petition is disposed of directing the respondent Nos. 2 and 3 to consider the case of the petitioner for regularization of her Page No. # 4/4 th service in terms of the Office Memorandum dated 17 of March, 2015. As the petitioner is retiring in the month of February, 2027, the respondent Nos.
2 and 3 are expected to consider the case of the petitioner for regularization prior to her retirement. 6. Let such exercise be done and completed within a period of 3(three) months from the date of receipt of a copy of the order of this Court. 7. With the above observations and direction, this Writ Petition is disposed of. Sd/- JUDGE Comparing Assistant
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