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2025 DAILYLAW 23254 (GAU)

SMTI. Y. YEMKON PHOM AND 4 ORS v. THE STATE OF NAGALAND AND 2 ORS

WP(C)/163/2023 · 2025-04-03

Devashis Baruah

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/4 GAHC020004052023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/163/2023 SMTI. Y. YEMKON PHOM AND 4 ORS D/O LT. NOCHI PHOM, PERMANENT RESIDENT OF BHUMNYU VILLAGE, LONGLENG NAGALAND 2: SMTI. VANNUNG L PHOM D/O LT. LONGDAU PERMANENT R/O YONGNYAH VILLAGE LONGLENG NAGALAND 3: SMTI. OMEI PHOM D/O L LAUBA PHOM PERMANENT R/O SAKSHI VILLAGE LONGLENG NAGALAND 4: SMTI. H BAUCHEM PHOM D/O HAMLAU PHOM PERMANENT R/O YONGNYAH VILLAGE LONGLENG NAGALAND 5: SMTI. ANGPU S. PHOM PERMANENT R/O YANGSHEI VILLAGE LONGLENG NAGALAN VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE DIRECTOR GENERAL HOME GUARD AND CIVIL DEFENCE NAGALAND KOHIMA 3:THE COMMANDANT CENTRAL TRAINING INSTITUTE HOME GUARDS AND CIVIL DEFENCE DIMAPUR NAGALAN Page No.# 2/4 For the petitioner (s) : Ms. K. Pienyu, Advocate For the respondent (s) : Mr. Moa Imchen, Govt. Advocate BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH O R D E R 04.04.2025 Heard Ms. K. Pienyu, the learned counsel appearing on behalf of the petitioners and Mr. Moa Imchen, the learned counsel appearing on behalf of the respondents. 2. The case of the petitioners herein is that pursuant to an advertisement issued in the month of August, 2017 by the Office of the Director General Home Guards & Civil Defence, the petitioners had participated in the interview which was conducted on 19th to 20th September, 2017 for female candidates and from 21st to 22nd September, 2017 for male candidates. Thereupon, the petitioners had undergone three months Home Guard Volunteers Basic Training at the Central Training Institute, Home Guards & Civil Defence, Dimapur w.e.f. 08.01.2018 to 08.03.2018. After completion of their training, by Release Order dated 07.03.2018, the petitioners along with others Page No.# 3/4 were released from the Training Institute. 3. The grievance of the petitioners is that even after completion of the training, the petitioners have not been assigned any duties, and as such, the petitioners had submitted a representation which is Annexure-E to the writ petition requesting for immediate posting of the petitioners. The said representation was forwarded by the Deputy Commissioner, Longleng, Nagaland to the Director General of Home Guards & Civil Defence. However, as no steps were taken in respect to the said representation, the petitioners being aggrieved have approached this Court. 4. This Court has duly taken note of that vide an order dated 21.08.2023, notice was issued. However, no affidavit has been filed on behalf of the respondents inspite of a passage of more than 1 ½ years. Today also time has been sought for on behalf of the respondents for filing the affidavit. 5. This Court further takes note of a communication being produced by the learned counsel appearing on behalf of the respondents to the effect that on 15th of November, 2024 the Director General Home Guards & Civil Defence had informed the learned counsel for the respondents that the Department is under active Page No.# 4/4 consideration for offering/appointment orders to the petitioner Nos.2, 3 & 4 in the present writ petition. It was also mentioned that the offering/appointment letter is issued to the candidate as per the availability of the vacancy in the District, as such, it is because of non-availability of the post, the offering/appointment letters could not be issued to the aforesaid three petitioners. Hence, more time was required. 6. The said document which has been placed before this Court dated 15th of November, 2024 is kept on record and marked with the letter “X”. 7. This Court taking into account the above, directs the respondent authorities to consider the case of petitioners for offering/appointment letters subject to availability of vacancy in the District and also subject to the exigency of the Department. 8. In view of the above, the instant writ petition stands disposed of JUDGE Comparing Assistant