Page No.# 1/3 GAHC020004472024 2025:GAU-NL:106 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/157/2024 SHRI T. NYAKNYU PHOM W/C LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION, LONGLENG 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.# 2/3 LONGLENG 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 MRIDUL KUMAR KALITA O R D E R 18.03.2025 Heard Mr. Lelimthong P. Yimchunger, learned counsel appearing on behalf of Mr. Hisinlo Himb, learned counsel for the petitioner. Also heard Ms. A. Ayemi, learned Government Advocate appearing for the State respondents. This writ petition has been filed by the petitioner, Shri T. Nyaknyu Phom praying for grant of minimum scale of pay as granted to the similarly situated persons. It is submitted by the counsel for the petitioner that the petitioner is presently rendering his service as Work-Charged Labour at fixed pay of ₹ 450/- per month under the establishment of Executive Engineer, PWD (R&B) Longleng Division, Longleng, Nagaland since 05.11.1993. It has been submitted by the learned counsel for the petitioner that the petitioner has been rendering his service for the last 31 years; however, he has not been given minimum scale of pay though he is entitled to the same in view of the Office Memorandum No. AR-3/GEN-67/2001 dated 05.03.2025. Learned counsel for the petitioner has submitted that the Government of Nagaland has Page No.# 3/3 taken a policy decision and issued the Office Memorandum to the effect that all Work-charged and Casual employees in all Departments, whose names 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 Revision of Pay, 2015 w.e.f. 01.04.2025. Learned counsel for the petitioner submits that as the Government has taken a policy decision, the case of the petitioner may be considered in the light of the aforesaid Office Memorandum. The learned Government counsel, Ms. A. Ayemi does not oppose the prayer to the extent that the case of the petitioner may be considered in the light of the Office Memorandum dated 05.03.2025. In view of the submissions made by the learned counsel for both the sides this writ petition is disposed of with a direction to the State respondents to consider the case of the petitioner for grant of minimum scale of pay to the petitioner in the light of the Office Memorandum AR- 3/GEN-67/2001 dated 05.03.2025, within a period of 5 months from the date of furnishing of a certified copy of this order to the concerned authorities by the State respondent. This writ petition is accordingly disposed of. JUDGE Comparing Assistant