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2025 DAILYLAW 23144 (GAU)

STATE OF NAGALAND AND 2 ORS v. SHRI GHONITO

I.A.(Civil)/46/2025 · 2025-04-06

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/3 GAHC020001612025 2025:GAU-NL:136 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/46/2025 STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE COMMISSIONER/SECRETARY, DEPARTRMENT OF PUBLIC HEALTH DEPARTMENT (PHED), NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY/ SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS GOVERNMENT OF NAGALAND KOHIM NAGALAND 3: THE CHIEF ENGINEER DEPARTMENT OF PUBLIC HEALTH ENGINEERING GOVERNMENT OF NAGALAND KOHIMA NAGALAN VERSUS SHRI GHONITO S/O PHUZHETO, R/O VIYITO, DISTRICR- DIMAPUR-797112, NAGALAND Advocate for the Petitioner : GOVT ADV NL, Page No.# 2/3 Advocate for the Respondent : , BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 07.04.2025 Heard Mr. E. Thiba Phom, learned Government Advocate appearing on behalf of the applicants and Ms. Lhousino learned counsel appearing on behalf of the opposite party/writ petitioner. 2. This is an application filed by the applicants, who are the respondents in WP(C)/202/2023, whereby the said applicants are seeking a further period of six months for complying with the Order passed by this Court dated 22.08.2024 passed in WP(C)/202/2023. 3. Ms. Lhousino, learned counsel appearing on behalf of the petitioner submits that eight months have already passed by and the respondents are seeking further six months which would result in regularisation of the petitioner after he retires, in as much as he has already completed 34 (thirty-four) years of service as on the date of which the Judgement was pronounced by this Court. 4. This Court has duly considered the submission of the learned counsel appearing on behalf of the applicants, who submits that certain processes are required to be completed and without the same being done it would not be possible to do so and this would require some time. Page No.# 3/3 5. This Court have further taken note of the Office Memorandum dated 17.03.2015, wherein it is being categorically stipulated that a person who completes 30 (thirty) years of service in the scale of pay is entitled for regularisation. Taking into account the above, it is the opinion of this Court that the writ petitioner/opposite party’s right herein to regularisation had accrued on the date of which the writ petitioner had completed 30 (thirty) years of service along with scale of pay. 6. This Court, taking into account the reasons assigned that some more time is required to complete the process of regularisation and being satisfied with the reasons, grants the applicants a further period of six months to complete the said regularisation process, i.e., on or before 06.10.2025. This Court further directs that, the petitioner being entitled to regularisation of his services when he completed 30 (thirty) years of service, the order of regularisation of the petitioner shall be w.e.f. 10.05.2020, and the petitioner would be entitled to all benefits on the basis thereof. 7. Accordingly, the I.A.(Civil)/46/2025 stands disposed of. JUDGE Comparing Assistant