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2025 DAILYLAW 23169 (GAU)

SHRI C. THSAPICHUM SANGTAM v. STATE OF NAGALAND AND 4 ORS

WP(C)/80/2025 · 2025-05-22

Kakheto Sema

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC020002532025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/80/2025 SHRI C. THSAPICHUM SANGTAM S/O SHRI CHOKHASE, R/O OLD MONGER VILLAGE, KIPHIRE, NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY, GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY WORKS AND HOUSING DEPT. NAGALAND KOHIMA 3:THE ENGINEER IN CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE PWD KIPHIRE DIVISION NAGALAN Advocate for the Petitioner : SENTIYANGER, NOCKLEI M KONYAK,KONLI BUCHEM,V ANNE THERIE Advocate for the Respondent : GOVT ADV NL, Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER Date : 23-05-2025 Heard Ms. V. Anne Therie, learned counsel for the petitioner and Ms. S. Chang, learned Government Advocate for the State respondents. On 09.05.2025, the following order was passed by this Court; “Heard Ms. V. Anne Therie, the learned counsel for the petitioner. Ms. S. Chang, the learned Government Advocate shall on the next date come with instructions as to why the arrear salary of the petitioner has not been paid w.e.f. January, 2021 till 31.08.2023, minus the amount that has already been released to the petitioner. List it again on 13.05.2025.” Today, when the matter is listed, Ms. S. Chang, learned Government Advocate has placed the copy of the letter dated 22.05.2025 written by the Engineer-in-Chief, NPWD, Kohima, Nagaland which is reproduced herein below; “GOVERNMENT OF NAGALAND OFFICE OF THE ENGINEER-IN-CHIEF, NPWD KOHIMA: NAGALAND No.CON/ENC/LEGAL-07/2022-23/39 Dated Kohima, the 22nd May'2025. To, Smti Seponglemla Government Advocate Gauhati High Court, Kohima Bench, Kohima: Nagaland. Sub: W.P(C) No 80/2025 Shri Thsapichum Sangtam -Vrs- The State of Nagaland & Ors. Madam With reference to your letter No.AG/ESTT-754/2025/549 Dt 16-05-2025 on the above cited subject, it is inform you that the Government has carried out a verification drive of work-charged employees. During the verification drive several lapses were detected. Thus the committee on verification had divided the Page No.# 3/4 work-charged employees into 3 (three) Categories. (i) Category A (ii) Category R1 and (iii) Category R2. Those employees whose service records were without any discrepancies are listed under Category A and for which they are regularly getting salaries. Those employees who had minor clerical mistake are under Category R1 and those who had multiple errors are under Category R2. The Salaries of those employees listed in the R1 & R2 Category had been held up by the Government until they were converted to Category A. It is stated that the petitioner was in R1 category as such he was not getting salaries. Further, the Department of P & AR after examining the petitioner details had rectified his name in the PIMS portal which was conveyed by the P & AR vide letter No.PAR/PIMS-GEN/40/2021 Dt 11-12-2023 to the Engineer-in- Chief, NPWD. After receiving the rectification of petitioner name in the PIMS Code he was migrated to "A" Category and for which he is getting salary. However, to release the pending salaries w.e.f March 2021 to February 2023 some procedures/formalities has to be observed which is under process as such it will be released after observing all formalities. This is for your information and further necessary action from your end. Enclosed: As stated Yours faithfully, (ERPTIMNA AO Engineer-in-Chief, NPWD.” Ms. V. Anne Therie, learned counsel for the petitioner submits that since by the letter dated 22.05.2025, the Government has conveyed to release the pending salary of the petitioner w.e.f. March 2021 to February 2023 after observing some procedures/formalities, the writ petition may be closed with a direction to the State respondents to pay the arrear salary of the petitioner within a reasonable period of time. Ms. S. Chang, learned Government Advocate submits that she is not adverse to the submission made by the learned counsel for the petitioner but a minimum period of 6(six) months may be granted to the State respondents to Page No.# 4/4 release the arrear salary of the petitioner, if any. In view of the submission made by the learned counsel for the parties and more particularly, considering the letter dated 22.05.2025 written by the Engineer-in-Chief, NPWD, Kohima, Nagaland, the writ petition is disposed with the direction the State respondents, more particularly the respondent No. 2 & 3 to release the arrear salary of the petitioner, if any payable, within a period of 4(four) months from today. Writ petition stands disposed. The copy of the letter dated 22.05.2025 shall be placed on record. Sd/- JUDGE Comparing Assistant