Page No.# 1/4 GAHC020004482024 2025:GAU-NL:127 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/158/2024 SHRI P. SHAPONG PHOM W/C SKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) TUENSANG C DIVISION TUENSANG NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY WORKS AND HOUSING DEPT GOVT. OF NAGALAND 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE FINANCE COMMISSIONER GOVT. OF NAGALAND DEPT. OF FINANCE NAGALAND KOHIMA 6:THE EXECUTIVE ENGINEER PWD ( R AND B) Page No.# 2/4 TUENSANG DIVISION NAGALAND KOHIM Advocate for the Petitioner : HISINLO HIMB, PHILIP LORIN,BERTA TEP Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MANASH RANJAN PATHAK ORDER Date : 07-04-2025 Heard Mr. Hisinlo Himb, learned counsel for the petitioner and Ms. A. Ayemi, learned Government Advocate, Nagaland for the State respondent nos. 1 to 6. 2. Since 01.09.1999, the petitioner is serving as Work Charged Skilled Labour for more than 25 years in the Office of the Executive Engineer, PWD (R&B), Tuensang Division at Tuensang. 3. He prayed before the State authorities in the Works & Housing Department in the State, as well as the PWD (R&B), Nagaland, for his minimum scale pay as Work Charged employee. However, the State respondents rejected his prayer for scale pay stating that there is no such Government Policy for payment of scale pay to such Work Charged Skilled Labour in the State of Nagaland, hence, this writ petition. 4. Mr. Hisinlo Himb, learned counsel appearing for the petitioner placed before the Court the Office Memorandum of the Personnel & Administrative Reforms Department, (Administrative Reforms Branch), Nagaland, issued under AR-3/GEN-67/2001 dated 05.03.2025, by which Page No.# 3/4 pursuant to the Cabinet’s decision conveyed by the letter dated 25.02.2025 whereby the State has granted scale pay as per the Revision of Pay, 2015 w.e.f. 01.04.2025, to all such Work Charged and Casual employees in all the Departments of the State of Nagaland, whose names have been duly verified by the District Level Verification Committee and registered in the PIMS, receiving fixed pay. 5. 5. It is submitted on behalf of the petitioner that the petitioner’s name has already been verified by the District Level Verification Committee and also registered in the PIMS and that he is receiving fixed pay. 6. Ms. A. Ayemi, learned Government Advocate appearing for the State respondents submitted that if after due verification, the petitioner is found that his name has been verified by the concerned District Level Verification Committee and has already been registered in the PIMS as Work Charged Skilled Labour under the PWD (R&B) Nagaland, receiving fixed pay, there shall be no bar for him for payment of such scale pay as per the Revision of Pay, 2015, w.e.f. 01.04.2025, to the petitioner in terms of the said Office Memorandum dated 05.03.2025. 7. Considering the above, this writ petition is disposed of directing the respondents herein that, if after due verification it is found that the petitioner has already been duly verified by the concerned District Level Verification Committee and he is registered in the PIMS receiving fixed pay, he shall be paid the scale of pay as per the Revision of Pay, 2015 w.e.f. 01.04.2025, pursuant to the OM No. AR-3/GEN-67/2001, dated 05.03.2025, issued by the State Government, Personnel and Page No.# 4/4 Administrative Reforms Department (Administrative Reforms Branch), Nagaland, Kohima. 8. In case the case of the petitioner has not been verified by the District Level Verification Committee and his name has not been registered in the PIMS, the State respondents shall do the needful at the earliest and shall pay him the scale pay w.e.f. 01.04.2025, in pursuance of the said OM dated 05.03.2025 of the State Government, Personnel and Administrative Reforms Department (Administrative Reforms Branch), Nagaland, Kohima, as per his due entitlement following the necessary compliance. 9. The petitioner shall submit the certified copies of this order before the Chief Secretary to the Government of Nagaland, Kohima, respondent no. 1, the Finance Commissioner, Government of Nagaland, Kohima, respondent no. 5, the Chief Enginner, PWD (R&B), Nagaland, Kohima, respondent no. 4 and the Executive Engineer, PWD (R&B), Tuensang Division, Tuensang, Nagaland, on or before 25.04.2025, obtaining necessary acknowledgement from such authorities. 10. A copy of the OM dated 05.03.2025 of the Personnel and Administrative Reforms Department (Administrative Reforms Branch), Nagaland, be kept as part of the record. JUDGE Comparing Assistant