SMTI. SANGJONGLIU AND 2 ORS v. THE STATE OF NAGALAND AND 2 ORS
WP(C)/147/2024 · 2025-09-08
Yarenjungla Longkumer
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 23262 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23262 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/7 GAHC020004182024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/148/2024 SHRI GAITHUI AND 17 ORS RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION, PHED, NAGALAND 2: SHRI MEIRIULUNG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 3: SHRI DINGAULUNG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 4: SHRI ALONG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 5: SHRI CHINGAM RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 6: SHRI ALAMBE RTD. W/C KHALASI O/O THE E.E. (PHED)
Page No.# 2/7 PEREN DIVISION PHED NAGALAND 7: SHRI NGWANGBE RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 8: SHRI NAMGAK RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 9: SHRI LAMKHOGIN RTD. W/C LABOUR O/O THE SDO (PHED) JALUKIE SUB- DIVISION PHED NAGALAND 10: SHRI THANGTINGPHO RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 11: SHRI SEIHEN RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 12: SHRI CHIUNGSEI CHONGLOI RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 13: SHRI SONGKHOLAM RTD. W/C JUGALI
Page No.# 3/7 O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 14: SHRI KAMZANG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 15: SHRI SEIKHOLAM HANGSING RTD. W/C JUGALI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 16: SHRI MBAILANG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 17: SHRI TOTBONG RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAND 18: SHRI N.K. TUTONGBOU RTD. W/C KHALASI O/O THE E.E. (PHED) PEREN DIVISION PHED NAGALAN VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY PHED NAGALAND KOHIMA 3:THE CHIEF ENGINEER
Page No.# 4/7 PHED NAGALAND KOHIMA 4:THE EXECUTIVE ENGINEER PEREN DIVISION PHED NAGALAN Advocate for the Petitioner : N. LONGKUMER, REBECCA,KIM PIENYU,NISUKA CHISHI Advocate for the Respondent : GOVT ADV NL, Linked Case : WP(C)/147/2024 SMTI. SANGJONGLIU AND 2 ORS RTD. W/C KHALASI O/O THE SDO (PHED) JALUKIE SUB-DIVISION PHED NAGALAND 2: SHRI KHANGMANGBO RTD. W/C JUGALI O/O THE SDO (PHED) JALUKIE SUB-DIVISION PHED NAGALAND 3: SHRI HOAKAI RTD.
W/C JUGALI O/O THE SDO (PHED) JALUKIE SUB-DIVISION PHED NAGALAND VERSUS THE STATE OF NAGALAND AND 2 ORS REPRESENTED THROUGH THE CHIEF SECRETARY GOVT. OF NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY PHED NAGALAND KOHIMA 3:THE CHIEF ENGINEER
Page No.# 5/7 PHED NAGALAND KOHIMA ------------ Advocate for : N. LONGKUMER Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 2 ORS
BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER Date : 09-09-2025 Heard the learned counsel for the petitioners Mr. N. Longkumer and also Mr. Moa Imchen, learned Sr. Government Advocate for the State respondents. 2. The two writ petitions are disposed of by this com- mon judgment as it pertains to the same subject matter and are analogous in nature. 3. The case of the petitioners in W.P.(C) 147/2024 is that they are all retired Work-Charged employees under the es- tablishment of Sub-Divisional Officer (PHED) Jalukie Division, Peren Nagaland. It is stated that the petitioners were released from service on attaining 35 years of service and even after serving for 35 years, their services have not been regularized. The petitioners are all eligible for regularization of their service in terms of the O.M. No.AR-3/GEN-201/2009 dated 17.03.2015. 4. The State respondents have filed affidavit-in-opposi- tion and at paragraph 6 of the affidavit-in-opposition it is stated that the petitioners are eligible to be considered for regulariza- tion under the O.M dated 22.09.2004 and 17.03.2015. It is fur- ther stated that the petitioner No.1 in W.P.(C) 147/2024 Smti
Page No.# 6/7 Sangzongliu has already been regularized by order dated 13.09.2024 (Annexure-2) in the affidavit-in-opposition. 5. The State respondents have also stated that in re- spect of the petitioner Nos. 2 and 3 i.e. Shri Khangmangbo and Shri. Hoakai, several clearances from various Departments are required. Firstly, from the Personnel & Administrative Reforms Department, clearance from Finance Department and MRC (Manpower Rationalization Committee) and lastly Cabinet ap- proval is required. It is stated in the affidavit-in-opposition that the case of the petitioner Nos. 2 and 3 will be considered as and when the entire process is completed and on acquiring all the clearances from the afore mentioned Departments. 6. In W.P.(C) 148/2024, the State respondents have filed a similar affidavit-in-opposition stating that the petitioner Nos. 1,2,3,4,5,6,7,8,10,12,14,17 and 18 have been regularized to regular post personal to them after obtaining Cabinet ap- proval. It is also stated in the affidavit-in-opposition that the case of the petitioner Nos. 9,11,13,15 and 16 are still pending as clearance from the Personnel & Administrative Reforms Depart- ment, clearance from Finance Department and MRC (Manpower Rationalization Committee) and Cabinet approval is awaited. Similarly, it is also stated by the State respondents that the case of the petitioner Nos.
9,11,13,15 and 16 will be considered as and when the entire process is completed and upon acquiring all the clearances from the afore mentioned Departments. 7. The State respondents have also enclosed copies of the regularization orders of the petitioners whose services have already been regularized. Page No.# 7/7
8. In view of the above submissions of the petitioners and the contentions in the affidavit-in-opposition filed by the State respondents, the above writ petitions are disposed of with a direction to the respondent Nos. 1, 2 and 3 to finalize the en- tire process and issue regularization orders of the remaining pe- titioner Nos. 2 and 3 in W.P.(C) 147/2024 and the petitioner Nos. 9,11,13,15 and 16 in W.P.(C) 148/2024 within a period of 6(six) months from the date of this order. 9. With the above directions, the writ petitions stands
disposed of.
Sd/- JUDGE Comparing Assistant