THE STATE OF NAGALAND AND 4 ORS v. SHRI M. CHUBA PHOM
I.A.(Civil)/20/2025 · 2025-03-03
Budi Habung
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 23084 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23084 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC020000772025 2025:GAU-NL:64
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/20/2025 THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT OF NAGALAND NAGALAND, KOHIMA. 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND PHED NAGALAND KOHIMA 3: THE CHIEF ENGINEER PHED NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PHED PHEK DIVISION NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPT NAGALAND KOHIM VERSUS SHRI M. CHUBA PHOM WORKCHARGE JUGALI, EXECUTIVE ENGINEER PHED, LONGLENG DIVISION LONGLENG, NAGALAND Advocate for the Petitioner : GOVT ADV NL,
Page No.# 2/3 Advocate for the Respondent : ,
BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER Date : 04-03-2025 Heard Mr. E. Thiba Phom, learned Government Advocate for the applicant. Also heard Mr. Hisinlo Himb, learned counsel appearing for the sole respondent. 2. This is an application seeking extension of the period of compliance of the order dated 23.07.2024 passed in WP(C)/257/2023. 3. By an order dated 23.07.2024 passed in WP(C)/257/2023, this Court has directed the respondent authorities to complete the process for regularization of service of the petitioner in terms of the OM dated 17.03.2015 and release the arrear of salary from the date when he was eligible for such consideration after making necessary verification within a period of 5 (five) months from the date of receipt of the certified copy of the said order. 4. The learned counsel for the applicant submits that the case of the petitioner is under process for compliance, however, the Department is unable to comply with the direction of this Court within the stipulated time as the process for regularization of Work charged employees has to undergo certain steps as provided in the OM dated 17.03.2015 viz; i) Personal and Administrative Reforms Department clearance ii) Finance clearance iii) MRC (Manpower Rationalization Committee) clearance and
Page No.# 3/3 Cabinet approval. 5. He further submits that now the case of the petitioner is pending before the P&AR for clearance which may take some time, therefore, prays for extension of the period of compliance for another 6 (six) months. 6. The learned counsel for the sole respondent/ petitioner has no objection for extension of the period for compliance. 7.
In view of the above, the period of compliance of the order dated 23.07.2024 passed in WP(C)/257/2023 is hereby extended for another 6 (six) months i.e., w.e.f. from 1st January, 2025 onwards. 8. With the above, this IA stands allowed and disposed of. JUDGE Comparing Assistant