Page No.# 1/6 GAHC020006332023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/268/2023 SHRI HAUPEN PHOM AND 5 ORS W/C UNSKILLED LABOUR, EXECUTIVE ENGINEER PWD (R AND B), LONGLENG DIVISION, NAGALAND 2: SHRI S PHANGTO PHOM W/C UNSKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAND 3: SHRI PHONGJEI@PONGJEI PHOM W/C UNSKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAND 4: SHRI LONGJONG PHOM W/C UNSKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAND 5: SHRI PONGI PHOM W/C UNSKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAND 6: SHRI LAKNGAM PHOM W/C UNSKILLED LABOUR EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION NAGALAN Page No.# 2/6 VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND WORKS AND HOUSING NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD (R AND B) LONGLENG DIVISION LONGLENG NAGALAN Advocate for the Petitioner : HISINLO HIMB, R SEMY,BERTA TEP,PHILIP LORIN Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER Date : 01-04-2025 Heard Mr. Lelimthong Yimchunger, learned counsel for the petitioners. Also heard Ms. S. Mere learned Sr. Government Advocate appearing for the State respondents. 2. The petitioners 6 (six) in numbers by filing this writ petition are seeking direction to the re- spondent authorities to consider their case for granting higher scale of pay. Page No.# 3/6 3. The case of the petitioners are that by com- mon appointment order No.LLGWC-7/91-91 dated 23.5.1991, they were appointed as W/C unskilled Labour at fixed pay of Rs.750/- per month and posted under the establishment of Executive Engineer, PWD (R&B), Lon- gleng Division, Longleng. Their services were extended from time to time by the respondent authorities. Since their initial appointments, the petitioners have been serving the Department for the last 32 years. And de- spite of serving the Department for about 29 years, the petitioners were not given the benefit of higher scale of pay as entitled to them. Therefore, each petitioner had submitted a representation dated 16.09.2020 and 14.12.2020, separately before the respondent No.3 with a request to grant them higher scale of pay. However, their representations were not considered. 4. Aggrieved by the inaction of the State re- spondents, the petitioners approached this Court earlier by filing writ petitions being W.P.(C) 202/2020 and W.P. (C) 77/2021. The said writ petition were disposed of at the motion stage by directing the respondents authori- ties to consider and dispose of the petitioners represen- tations dated 16.09.2020 and 14.12.2020. However, de- spite of such direction the respondents did not consider their case. The respondent No.3 rather issued the office letter dated 4.12.2021 and 8.7.2021 wherein it was stated that the petitioners are not covered by any poli- cies of the Government for which the Department is not Page No.# 4/6 in a position to comply with the direction of the Hon’ble Court. Highly aggrieved by the said letters dated 4.12.2021 and 8.7.2021, the petitioners have filed the present writ petition praying for granting higher scale of pay. 5. The learned counsel for the petitioner further submits that, in a similar case, this Court, by order dated 24.9.2018, passed in W.P.(C) 165 to 168(K)/2018, di- rected the State respondents to consider the petitioner’s case for granting a scale of pay. Accordingly, in compli- ance with the Court’s order, the respondent authorities, by office order dated 23.1.2020, granted a scale of pay to the petitioners. It is submitted that the case of the present petitioner is similarly situated and squarely cov- ered by the decision in those cases. Therefore, prays for similar relief. 6. However, at this stage, the learned Senior Government advocate Miss S. Mere submit that that the Government has already granted scale of pay to the peti- tioners. She has placed a copy of the Office Memoran- dum No.AR-3/GEN-67/2001 dated 5.3.2025, issued by the Chief Secretary, Government of Nagaland. This mem- orandum 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 Page No.# 5/6 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.” 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. S. Mere, 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 atleast 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 with the consent of the parties, this writ petition is disposed of with a direction to the respon- Page No.# 6/6 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. 10. With these observations, this writ petition stands disposed of. Sd/- JUDGE Comparing Assistant