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2025 DAILYLAW 23422 (GAU)

SMTI. KITOHOLI K. v. THE STATE OF NAGALAND AND 4 ORS

WP(C)/256/2024 · 2025-02-13

L S Jamir

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC020006842024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/256/2024 SMTI. KITOHOLI K. SECTIONAL ASSISTANT, UNDER EXECUTIVE ENGINEER PWD (R AND B), AGHUNATO DIVISION, DISTRICT-ZUNHEBOTO, NAGALAND, PHONE NO.-8730973924 VERSUS THE STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORM NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 4:THE ENGINEER-IN-CHIEF NAGALAND PUBLIC WORKS DEPARTMENT NAGALAND KOHIMA 5:THE CHIEF ENGINEER PWD (ROADS AND BRIDGES) NAGALAND KOHIMA Advocate for the Petitioner : Z. ZHIMOMI, S K ACHUMI,T. SHANGCHIU,ABEL AYEMI Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE L.S. JAMIR ORDER Date : 14.02.2025 Heard Ms. Z. Zhimomi, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned Additional Senior Government Advocate on behalf of all the respondents. 2. The father of the petitioner “Late Khekuto Zhimo” died-in- harness on 11.10.2019, while serving as Sectional Assistant under the Establishment of the Executive Engineer, PWD(R&B), Zunheboto Division. The mother of the petitioner predeceased the petitioner’s father in the year 2013. As the petitioner had 2 (two) other dependents to look after, and to tide over the financial constraints faced by the petitioner and her 2 (two) dependents, the petitioner applied for appointment on compassionate grounds in terms of the Office Memorandum dated 17.09.2015 and Addendum dated 09.04.2019 issued by the Government of Nagaland, P&AR Department (Administrative Reforms Branch) Nagaland, Kohima. Thereafter, by Office Order dated 24th May, 2023 issued by the Engineer-in-Chief, NPWD, Nagaland, Kohima the petitioner was appointed as Sectional Assistant on compassionate grounds and posted under the Office of the Executive Engineer, PWD (R&B), Aghunato Division under the NPWD Department. 3. The grievance of the petitioner before this Court is that despite being appointed on compassionate grounds as Sectional Assistant by the Office Order dated 24th May, 2023, the respondents has Page No.# 3/3 failed to issue the PIMS Code of the petitioner and accordingly the petitioner has not been paid salary from the date of her appointment. 4. Today when the matter is called up Mr. Moa Imchen, learned Additional Senior Government Advocate, has produced a Communication dated 05th February, 2025 written by the Engineer- in-Chief, NPWD, Kohima, Nagaland informing that the department has already issued PIMS Code to the petitioner. Along with the said Communication dated 05th February, 2025, the PIMS Code number of the petitioner i.e. WB-PWD00007 is also enclosed. 5. Considering that the PIMS Code has been issued to the petitioner, this Court is of the considered opinion that there should be no impediment on the part of the respondent to release the salary of the petitioner from the date of her appointment. Accordingly, the respondents are directed to release the salary of the petitioner from the date of her appointment till date within a period of 2 (two) months from the date of receipt of a certified copy of the Order of this Court. 6. With the aforesaid observations and directions, this writ petition is disposed of. 7. The Communication dated 05th February, 2025 is placed on record. Sd/- JUDGE Comparing Assistant