Extracted from the PDF above. The PDF is authoritative.
Page No.# 1/3 GAHC020004732024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/177/2024 SHRI LAM KHIAM S/O LUSOP R/O TUENSANG TOWN NAGALAND VERSUS THE STATE OF NAGALAND AND 6 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. KOHIMA NAGALAND 3:THE PRINCIPAL SECRETARY AND DEVELOPMENT COMMISSIONER DEPT. OF PLANNING AND CORDINATION KOHIMA NAGALAND 4:THE FINANCE COMMISSIONER NAGALAND KOHIMA 5:THE DEPUTY COMMISSIONER TUENSANG NAGALAND 6:THE ADDITIONAL DEVELOPMENT COMMISSIONER DEPT. OF PLANNING AND CORDINATION NAGALAND KOHIMA 7:DISTRICT PLANNING OFFICER DISTRICT PLANNING MACHINERY CELL TUENSANG NAGALAN Advocate for the Petitioner : JOSHUA SHEQI, NAGALI SHOHE,CHINGMEI KONYAK,MIKA H AYE,P MHONBENI EZUNG,KEDI KOSO,K LILY SWU,KETHO
Page No.# 2/3 SEKHOSE,YEKA SUMI,KIVITOLI SWU,RUBICA KIHO,KEVI KIRE,R WONCHIBENI TSANGLO,TUNATO YEPTHO Advocate for the Respondent : GOVT ADV NL,
BEFORE HON'BLE MR. JUSTICE SUMAN SHYAM ORDER Date : 23/04/2025
Heard Ms. Mikah Aye, learned counsel for the writ petitioner. Also heard Ms. A. Ayemi, learned Government Advocate, Nagaland, appearing for the State respondents. The writ petitioner herein was appointed as a contingency paid Office Peon on fixed wages of Rs. 450/- per month under the establishment of Planning and Coordination (Planning Machinery) vide order dated 25/07/1990. Thereafter, in terms of the order dated 19/05/2012, the writ petitioner, along with the other similarly situated employees, were granted pay band. The grievance of the petitioner is that even after completion of 30 years of service and despite repeated request made by him, the respondents have failed to consider his prayer for regularization in service and also for extending the benefit of regular pay scale as per the Revision of Pay of 2015. The petitioner continues to work on the fixed pay scale even till today. Therefore, he has approached this Court by filing the instant writ petition, seeking a Writ of Mandamus from this Court directing the authorities to regularize the service of the petitioner and also to extend the benefit of regular pay scale to him. In terms of the order passed by this Court, Ms. A. Ayemi, learned Government Advocate, Nagaland, has obtained written instruction issued by the Under Secretary to the Government of Nagaland dated 15/04/2025 and produced the same before the Court.
A perusal of the written instruction goes to show that the Government has accepted the claim of the petitioner and two other similarly situated writ petitioners in WP(C) 176/2024 and WP(C) 178/2024
Page No.# 3/3 by projecting that the writ petitioner(s) who were appointed on contingency basis prior to 06/06/2016 will be covered by the notification No. AR/LEGAL- 5/8/2024 dated 05/03/2025 and hence, they will be granted scale of pay as per the Revision of Pay, 2015, subject to fulfillment of the conditions laid down therein. Ms. A. Ayemi, learned Government Advocate, Nagaland, submits that the writ petition can be disposed of in terms of the written instruction dated 15/04/2025. Ms. Mikah Aye, learned counsel for the writ petitioner has also agreed to such an order from this Court. In view of the above and as agreed to by both the sides, this writ petition stands disposed of by directing the respondents to examine the claim of the writ petitioner for grant of pay scale as per the Revision of Pay, 2015 and redress the grievance of the writ petitioner, in accordance with law. The directions of this Court be implemented as expeditiously as possible but not later than 3 (three) months from the date of receipt of the certified copy of this order. Copy of the written instruction dated 15/04/2025 be retained in the record of this case. With the above observations, the writ petition stands disposed of. Sd/-
JUDGE Comparing Assistant