Page No.# 1/4 GAHC020006362023 2025:GAU-NL:182 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/271/2023 SHRI WANGKHAK KONYAK W/C KHALASI (RETIRED) CODE NO. MON-0390 SDO (PHED), MON NAGALAND VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AND AR DEPARTMENT NAGALAND KOHIMA 3:THE COMMISSIONER AND SECRETARY PHED NAGALAND KOHIMA 4:THE CHIEF ENGINEER PHED NAGALAND KOHIM Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS Advocate for the Respondent : GOVT ADV NL, Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE KAKHETO SEMA ORDER Date : 06-05-2025 Heard Mr. Supongwati Walling, the learned counsel for the petitioner and Ms. A. Ayemi, the learned Government Advocate for the State respondents. 2. The case of the petitioner in brief is that he was initially engaged as a Work Charged employee under the establishment of the Sub- Divisional Officer (PHED), Mon, Nagaland and thereafter, by office order dated 13.04.1992 passed by the Additional Executive Engineer, PHED, Mon Nagaland, the petitioner was appointed as Khalasi on a scale of pay. 3. After serving the Department for about 30 years, the Executive Engineer, PHED, Mon Division, Mon, Nagaland issued the order dated 27.01.2021 releasing the petitioner from service w.e.f. 31.01.2021, on attaining superannuation on completion of 60 years. The petitioner submitted the representation dated 21.10.2022 to the Chief Engineer, PHED, Kohima, Nagaland for retrospective regularization in service so as to enable the petitioner to receive the pension and retiral benefits, however, no action was taken on the representation submitted by the petitioner. Being aggrieved the present writ petition has been filed. 4. The State respondents has filed the affidavit-in-opposition wherein in Para 4 of the said affidavit, the following statements has inter-alia been Page No.# 3/4 made: ‘…Furthermore, the department is actively considering the case of the petitioner as per the said O.M. The petitioner's name is at Sl. No.1 which has been forwarded to the Government on 19.4.2021 vide letter No.CE/PHE/GEN- EST/WC/2013 for regularization along with similarly situated employees. His case will be considered once it is cleared by the finance Department, Manpower Rationalization Committee and approved by the Cabinet. ‘ 5. The State respondents has also enclosed the letter dated 19.04.2021 as Annexure- A which is written by the Chief Engineer, Sanitation & WSSO, PHED, Nagaland, Kohima to the Secretary to the Government of Nagaland, Public Health Engineering Department, Nagaland, Kohima submitting the proposal for regularization and absorption of Work Charged employees who have completed 30 years or more continuous service as on 01.01.2021. In the said letter representing the Mon division, the petitioner’s name has also been enlisted in the proposal for regularization and absorption of Work Charged employees. 6. Ms. A. Ayemi, the learned Government Advocate accordingly submits that the case of the petitioner for regularization in service is under the active consideration of the Government and once the case of the petitioner is cleared by the Finance Department, Manpower Rationalization Committee and approved by the Cabinet, the petitioner will be retrospectively regularized in service, so as to enable the petitioner to avail the pension and pensionary benefits entitled to a Government servant. 7. Mr. Supongwati Walling, the learned counsel for the petitioner Page No.# 4/4 submits that in view of the statements made by the State respondents in the affidavit-in-opposition and the letter dated 19.04.2021, written by the Chief Engineer, Sanitation & WSSO, PHED, Nagaland, Kohima to the Secretary to the Government of Nagaland, Public Health Engineering Department, Nagaland, Kohima, the writ petition may be closed with the direction to the State respondents to take up the case of the petitioner for regularization in service within a reasonable period of time. 8. Ms. A. Ayemi, the learned Government Advocate has no objection to the submission made by the learned counsel for the petitioner. 9. In view of the above submission made by the learned counsel for the parties, the writ petition is disposed of with a direction to the State respondents to consider the case of the petitioner for retrospective regularization in service so as to enable the petitioner to avail the pension and pensionary benefits as entitled to a Government servant within a reasonable period of time but not later than 6 (six) months from today. 10. The writ petition stands disposed of. JUDGE Comparing Assistant