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2025 DAILYLAW 23407 (GAU)

SHRI ALEMBA JAMIR AND 22 ORS v. SMTI CHUBASANGLA ANAR, IAS AND 3 ORS

COP(C)/23/2023 · 2025-03-12

Yarenjungla Longkumer

body2025

Judgment text

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Page No.# 1/6 GAHC020006202023 2025:GAU-NL:92 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : COP(C)/23/2023 SHRI ALEMBA JAMIR AND 22 ORS DRIVER, CONTINGENCY (FIXED PAY), ATTACHED TO THE COMMISSIONER AND SECRETARY (FINANCE) NAGALAND CIVIL SECRETARIAT, NAGALAND KOHIMA 2: SHRI GOPAL MONDAL DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 3: SHRI SUPONGTOSHI BUS CONDUCTOR CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 4: SHRI AVEZO DRVER CONTINGENCY (FIXED PAY) SUB-TREASURY OFICER TSEMINYU NAGALAND 5: SHRI ZHOLEZO DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 6: SHRI ZUVEKHO DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 7: SHRI YEKUTO DRIVER Page No.# 2/6 CONTINGENCY (FIXED PAY) ATTACHED TO FINANCE COMMISSIONER NAGALAND CIVIL SECRETARIAT-NAGALAND KOHIMA 8: SHRI NITENLO DRIVER CONTINGENCY (FIXED PAY) ATTACHED TO FINANCXE COMMISSIONER NAGALAND CIVIL SECRETARIAT-NAGALAND KOHIMA 9: SHRI TSUKJEMKABA CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 10: SHRI AWELE YHOSHU CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 11: SHRI TATING KHIAMNIUNGAN DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 12: SHRI JAMES R LOTHA DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 13: SHRI MONTEIH KONYAK DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 14: SHRI MOANUNGSANG DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 15: SHRI SENTIYANGBA SANGTAM DRIVER CONTINGENCY (FIXED PAY) SR.TREASURY OFFICER KIPHIRE NAGALAND 16: SHRI MOASUNEP DRIVER CONTINGENCY (FIXED PAY) SUB-TREASURY OFFICER MANGKOLEMBA Page No.# 3/6 MOKOKCHUNG NAGALAND 17: SHRI HONGPE KONYAK DRIVER CONTINGENCY (FIXED PAY) SOUTH TREASURY OFFICER PEREN NAGALAND 18: SHRI KEWEPFU DRIVER CONTINGENCY (FIXED PAY) SUB TREASURY OFFICER PFUTSERO PHEK NAGALAND 19: SHRI O ZANBENI NGULLIE DRIVER CONTINGENCY (FIXED PAY) SUB TREASURY OFFICER BAGHTY WOKHA NAGALAND 20: SHRI N GOODWEN ODYUO DRIVER CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 21: SHRI SOSANGNUKEN CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 22: SHRI SARAS SUBHA BUS CONDUCTOR CONTINGENCY (FIXED PAY) DIRECTORATE OF TREASURIES AND ACCOUNTS-NAGALAND KOHIMA 23: SHRI YANGTSABA SANGTAM DRIVER CONTINGENCY (FIXED PAY) SR TREASURY OFFICER KIPHIRE NAGALAN VERSUS SMTI CHUBASANGLA ANAR, IAS AND 3 ORS THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND, P AND AR DEPARTMENT NAGALAND KOHIMA 2:SHRI SENTIYANGER IMCHEN IAS THE FINANCIAL COMMISSIONER TO THE GOVT. OF NAGALAND NAGALAND KOHIMA Page No.# 4/6 3:SHRI R. N YANTHAN THE PRINCIPAL DIRECTOR DIRECTORATE OF TREASURIES AND ACCOUNTS NAGALAND KOHIMA 4:SMTI. VAHANI THISA THE PRINCIPL DIRECTOR DIRECTORATE OF TREASURIES AND ACCOUNTS NAGALAND KOHIM Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS Advocate for the Respondent : , BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER 13/03/2025 Heard learned counsel for the petitioner, Mr. Supongwati Walling as well as Mr. Wati Jamir, learned counsel for the respondent No. 3 and 4, Mr. Moa Imchen, learned Senior Government Advocate for the respondent No. 2 and Mr. Veto V. Zhimomi, learned Government Advocate for the respondent No. 1. This Court by its order dated 11.02.2025 had directed the learned Senior Government Advocate, Mr. Moa Imchen to give the status report about the steps taken by the State respondents in compliance with the Judgment and Order 20.07.202 passed in the WP(C)./130/2022. Today, the learned counsels for the respondents have produced a copy of the Office Memorandum No. AR-3/GEN- 67/2001 dated 5th March, 2025 which states as under : Page No.# 5/6 OFFICE MEMORANDUM Sub: Conversion of Wages of Work-Charged & Casual Emplovees to scale pay as per Revision of Pav (ROP) 2015. On the recommendation of the Nagaland Work-Charged and Casual Employees Commission and in pursuance of the Cabinet's decision conveyed vide letter No. CAB-1/14/2023 dated 25th February 2025, all Work-Charged and Casual employees in all the 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 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 learned counsel for the respondent Nos. 3 and 4 have also produced a copy of the notification No. AR/LEGAL-5//8/2024 dated 5th March, 2025 wherein, the Government has come out with a scheme regarding contingency, fix and Wage paid employees to be deemed as Casual employees and it is stated in the said notification that a verification of such employees will be conducted on the direction of the work-charge and casual employees. It is further stated that the employees so verified shall be eligible for regularisation under clause 1 (i) and (iii) of the scheme for regularisation and absorption of Work- charged and Casual employees and Revision of Wages notified vide O.M. dated 17th March, 2015. Additional in the O.M. dated 5th March, 2025 it has been stated that all the Work-charged and Casual employees in all the 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 the Page No.# 6/6 Revision of Pay 2015 with effect from 01.04.2025. It is observed that this Court in WP(C)./130/2022 vide order dated 20.07.2023 had directed the State respondents to pay the Minimum scale of pay to the petitioners and also the arrears from the date of filing of the writ petition. This Court is of the view that the direction of this Court in WP(C)./130.2022 has been substantially complied with by the respondents by issuing the aforementioned O.M. dated 5th March, 2025 and the notification dated 5th March, 2025. Accordingly this petition is disposed of. If the petitioner is aggrieved by non-payment of the arrears, he is at liberty to approach this Court, if so advised. JUDGE Comparing Assistant