Page No.# 1/5 GAHC020005422024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/201/2024 SHRI MAKAN PRASAD CODE NO. TSG.PWD05359 WORK CHARGED JUGALI O/O EXECUTIVE ENGINEER OWD (R AND B) TUENSANG, NAGALAND VERSUS THE STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY WORKS AND HOUSING NAGALAND KOHIMA 4:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 5:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIM Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS Advocate for the Respondent : GOVT ADV NL, Page No.# 2/5 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER Date : 01-05-2025 Heard Mr. Supongwati, Walling, the learned counsel for the petitioner and Ms. Inaholi, learned Government Advocate for the State respondents. The petitioner was appointed as W/C Jugali on 29.11.1991 in the scale of pay under the establishment of the Executive Engineer, PWD (R&B), Tuensang. The petitioner being eligible for regularization in service as per the Office Memoran- dum dated 17.03.2015 issued by the Government of Nagaland, De partment of Personnel & Administrative Reforms De- partment (Administrative Reforms Branch) submitted the repre- sentation dated 23.07.2024 to the Engineer-in-Chief, NPWD however, no action was taken on the representation submitted by the petitioner. It is also the case of the petitioner that as per the meeting minutes of the District Level Verification Committee dated 25.07.2017, the Committee had recommended the peti- tioner for regularization in service. However, though the peti- tioner had served the Department for almost 33 years and is on the verge of retirement, no action has been taken by the Gov- ernment to regularize the service of the petitioner in terms of the Office Memorandum dated 17.03.2015 issued by the Govern- ment. Page No.# 3/5 The State respondents has filed affidavit-in-opposi- tion wherein the letter dated 25.11.2024 is enclosed as Annex- ure-1. The letter reads as follows:- “GOVERNMENT OF NAGALAND OFFICE OF THE ENGINEER-IN-CHIEF, NPWD NAGALAND KOHIMA No. E-IN-C/Estt-9/WC-67/30yrs&above/Reg/2020/4168 Dated Kohima the 25 Nov 2024 To. The Commissioner & Secretary to the Govt of Nagaland Work & Housing Deptt. Nagaland, Kohima. Sub: Submission of proposal for regularization of work charged employees 6th phase who have completed 30 (Thirty) years of service and above as on 01.07.2024 under NPWD (R&B). Ref No: E-IN-C/Estt-9/WC-67/30yrs&above/Reg/2020 dated 24 Oct 2024. Sir. With reference to the subject cited above and in continuation to our letter No: E-IN-C/Estt-9/WC-67/30yrs&above/Reg/2020 dated 24th Oct' 2024, I have the honour to submit herewith with the proposal along with the requisite documents, for regularisation of W/C employees 6th phase who have completed 30 (Thirty) years of service but could not be accommodated under the 50% normal vacancy under NPWD, for taking up their cases for regularisation against supernumerary posts. In this regard, the total numbers are: 1) PWD (R&B) : 6 Nos Therefore, it is forwarded to the Government for favour of kind approval please. Enclosed: As Stated above Yours Faithfully (ER- P.I.IMNA) Engineer-In-Chief, NPWD Nagaland: Ko- hima” Page No.# 4/5 Submission of proposal for regularization of W/C Employees 6th Phase (Continuation) who have completed 30 yrs of service & above as on 31.07.2024 under NPWD (R&B) No.E-IN-C/Estt-9/WC-67/30 yrs & above/Reg/2020 Dated Kohima the 25th Nov 2024 Ref.No. No.E-IN-C/Estt-9/WC-67/30 yrs & above/Reg/2020 Dated 24th Oct 2024 Sl. No Name Desig- nation D.O.B Date of entry into service Date of com- pletion of 30 yrs Existing work charge scale pay/Grade pay Pay scale& exist- ing emolu- ment Additional fi- nancial em- plication Div/Su b-Div Re- marks 1 - - - - - - - - - - 2 - - - - - - - - - - 3 - - - - - - - - - - 5 - - - - - - - - - - 6. Shri Magan Prasad Jugali 04.06.1970 29.11.1991 29.11.2021 P.B-1 3000-15200 5646 13298 E.E.P WD(R &B) Tuen- sang Divi- sion Court case Referring to the letter, Ms. Inaholi, learned Govern- ment Advocate submits that the Government is considering the proposal for regularization of the Work charged employees which also includes the petitioner incorporated in the letter dated 25.11.2024. Mr. Supongwati Walling, learned counsel for the peti- tioner submits that since the Engineer-in-Chief, NPWD by letter dated 25.11.2024 has forwarded the name of the petitioner along with others for regularization in service, the writ petition may be disposed of with a direction to the State respondents to consider the regularization of the service of the petitioner within a reasonable time. Page No.# 5/5 Ms. Inaholi, learned Government Advocate has no objection to the submission made by the learned counsel for the petitioner. In view of the submissions made by the learned counsel for the parties, the writ petition is disposed with a direc- tion to the State respondents to consider the regularization of service of the petitioner as per the letter dated 25.11.2024 is- sued by the Engineer-in-Chief, NPWD, Nagaland Kohima within a reasonable period time but not later than 6(six) months from to- day. With the above observation, writ petition is disposed of. Sd/- JUDGE Comparing Assistant