Page No.# 1/4 GAHC020000752024 2025:GAU-NL:175 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/23/2024 SMTI. NYUKONG PHOM W/C LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION LONGLENG- NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECREATARY WORKS AND HOUSING TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE FINANCE COMMISSIONER DEPT. OF FINANCE NAGALAND KOHIMA 6:THE EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAN Page No.# 2/4 Advocate for the Petitioner : HISINLO HIMB, NENLI KEZ,PHILIP LORIN,BERTA TEP, R SEMY Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MRS. JUSTICE SUSMITA PHUKAN KHAUND O R D E R 01.05.2025 Heard Mr. Lelimthong P. Yimchunger, learned counsel appearing on behalf of Mr. Hisinlo Himb, learned counsel for the petitioner as well as Ms. S. Chang, learned Government Advocate for all the State respondent nos. 1 to 6. 2. The petitioner, Smti. Nyukong Phom has filed this application under Article 226 of the Constitution of India praying for issuance of writ in the nature of certiorari, mandamus or any other appropriate order or direction of like nature with prayer for setting aside and quashing the Office Letter dated 08.07.2021 issued by the Engineer in-Chief, NPWD, Nagaland, Kohima and to direct the State respondents to consider the case of the petitioner for granting higher scale of pay. 3. The case of the petitioner herein is that the petitioner is a Work- Charged Labourer and she is entitled to the minimum scale of pay as is given to the regular Grade-IV employees. In that regard, the petitioner had earlier submitted a representation and the said representation having not been considered, the petitioner had approached this Court by filing a Page No.# 3/4 writ petition being WP(C) No.86/2021 wherein this Court disposed of the said writ petition directing the respondent authorities to consider the representation of the petitioner. Pursuant thereto, on 08.07.2021, the petitioner’s representation has been rejected on the ground that the Government of Nagaland does not have a policy for granting the minimum scale of pay to the Work-Charged Labourers. 4. The entire case of the petitioner is based upon the judgment of the Supreme Court in the case of State of Punjab & Others vs. Jagjit Singh & Others, reported in 2017 (1) SCC 148 wherein there has been a direction given by the Supreme Court to the effect that the temporary/work- charged employees who are discharging similar duties as well as have the similar qualifications should be granted the minimum scale of pay which is being given to the regular employees. 5. Affidavit-in-opposition was also filed by the respondents. 6. Learned counsel for the petitioner has submitted a copy of the Office Memorandum No. AR-3/GEN-67/2001 dated Kohima, 05.03.2025 which reflects the order of the Chief Secretary to the Government of Nagaland vide Letter No. CAB-1/14/2023 dated 25.02.2025, that all Work-Charged and Casual Employees in all the Departments, whose names have been duly verified by the District Level Verification Committee and registered in PIMS receiving pay shall be granted scale of pay as per the Revision of Pay, 2015, w.e.f. 01.04.2025. All the Departments having Work-Charged and Casual Employees are directed to expedite the conversion accordingly. Page No.# 4/4 7. I have considered the submissions of both the sides. As the grievances of the petitioner have been addressed, this matter stands closed. Thereby, the respondents are directed to make an endeavour to expedite the conversion within a period of 5 (five) months on receipt of a certified copy of this Court’s Order. 8. In terms of the above observation, this petition stands disposed of. 9. The Office Memorandum No. AR-3/GEN/67/2001 dated Kohima, 05.03.2025 is marked with the letter ‘X’ and kept as a part of the record of WP(C)/23/2024. JUDGE Comparing Assistant