Page No.# 1/5 GAHC020004492024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/159/2024 SHRI CHAUHAM PHOM PART TIME CLEANER NST DEPT. LONGLENG SUB STATION NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE MANAGER NAGALAND STATE TRANSPORT DIMAPUR NAGALAND 3:ASSISTANT STATION SUPERINTENDENT LONGLENG NAGALAND 4:THE FINANCE COMMISSIONER GOVT. OF NAGALAND DEPT. OF FINANCE NAGALAND KOHIM Advocate for the Petitioner : HISINLO HIMB, PHILIP LORIN,BERTA TEP Advocate for the Respondent : GOVT ADV NL, Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER Date : 03-04-2025 Heard Mr. Lelimthong, learned counsel for the petitioner. Also heard Ms. A. Ayemi, learned Government Advocate appearing for the State respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities to consider her case for granting higher scale of pay from the date of her initial appointment. 3. The case of the petitioner is that by office or- der No.NST/ESTT/2335/84/126 dated 12.10.1995 he was appointed as part time cleaner w.e.f. 01.10.1995 in the fixed pay of Rs.450/- per month under the establishment of NST Department, Lomgleng, Nagaland and posted at Longleng Sub-Station. Thereafter, he was granted fixed pay of Rs.5200/- PM as per the policy of the Government for grant of fixed pay for skilled employees. Since then the petitioner has been serving the Department for about 30 years. 4. The further case of the petitioner is that ear- lier the petitioner submitted several representations dated 29.11.2004, 20.08.2008, 22.04.2015 and 03.02.2020 before the authority with a request for grant- ing higher scale of pay. However, his representations were not considered. Page No.# 3/5 5. The learned counsel for the petitioner further submits that, in a similar case, this Court, by an order dated 24.9.2018, passed in W.P.(C) 165 to 168(K)/2018, directed the State respondents to consider the petition- er’s case for granting a scale of pay. Accordingly, in com- pliance with the Court’s order, the respondent authori- ties, vide office order dated 23.1.2020, granted a scale of pay to the petitioners. It is submitted that the peti- tioner’s case is similarly situated and squarely covered by the decision in those cases. Therefore, prays for similar relief. 6. However, at this stage, the learned counsel for the petitioner has presented Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025, issued by the Chief Secretary, Government of Nagaland. This memo- randum pertains to conversion of wages of work-charged and casual employees to scale pay as per the Revision of Pay (ROP) 2015, which is reproduced below for ready reference:- “ On the recommendation of the Nagaland Work-Charged and Casual Employees Commission and in pursuance of the Cabinet’s decision conveyed vide letter No.CAB-1/14/.2023 dated 25th February 2025, all Work- Charged and Casual Employees in all the Departments, whose name have been duly verified by the District Level verification Committee and registered in PIMS, receiving fixed pay shall be granted scale of pay as per the Revision of Pay, 2015 with effect from 01.04.2025. Therefore, all departments having Work- Charged and Casual employees are directed to expedite the conversion accordingly.” Page No.# 4/5 The office memorandum dated 5.3.2025 is taken on record and marked as document ‘X ‘ for identifi- cation. 7. In light of the above Office Memorandum as placed before this court, the learned counsel for the peti- tioner submits that, since the Government has already granted a scale of pay to the work-charged and casual employees as per the revision of Pay 2015, this writ peti- tion should be disposed of with a direction to the respon- dent authorities to consider the petitioner’s case accord- ing to the Office Memorandum dated 5.3.2025. 8. Ms. A. Ayemi, learned Sr. Government Advo- cate, while supporting to the submission made by the learned counsel for the petitioner submits that in view of the issuance of the Office Memorandum dated 5.3.2025, she has no objection if this writ petition is disposed of with the direction as prayed for by the learned counsel for the petitioner by giving at least 4 (four ) months’ time to the respondent for compliance. 9. In light of the Office Memorandum issued by the Chief Secretary to the Government of Nagaland on 5.3.2025, and on being agreed by the parties, this writ petition is disposed of with a direction to the respon- dents authorities to consider the petitioner’s case for granting a scale of pay as per the revision of Pay, 2015, in accordance with Office Memorandum No.AR-3/GEN- 67/2001, dated 5.3.2025, within 4 (four) moths from the date of receipt of a certified copy of this order. Page No.# 5/5 10. With these observations, this writ petition stands disposed of. Sd/- JUDGE Comparing Assistant