Page No.# 1/4 GAHC020008342024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/314/2024 SHRI MENE KONYAK @ MANE SWEEPER, CONTINGENCY (FIXED PAY) YOUTH RESOURCES OFFICER, MON NAGALAND VERSUS STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. NAGALAND KOHIMA 3:THE FINANCIAL COMMISSIONER NAGALAND KOHIMA 4:THE SECRETARY YOUTH RESOURCES AND SPORTS NAGALAND KOHIMA 5:THE DIRECTOR DIRECTORATE OF YOUTH RESOURCES AND SPORTS NAGALAND KOHIMA 6:THE YOUTH RESOURCES OFFICER MON NAGALAN Advocate for the Petitioner : KEKHRIESENUO, H ZELIANG Advocate for the Respondent : , Page No.# 2/4 BEFORE HON'BLE MR. JUSTICE BUDI HABUNG ORDER Date : 12-03-2025 Heard Ms. H. Zeliang, learned counsel appearing for the petitioner. Also heard Ms. Bichano learned Government Advocate appearing for the State respondents. 2. By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities to consider his case for granting higher scale of pay. 3. The case of the petitioner is that by office or- der No.DYRS/YW-B/5/93-94 dated 09.06.1994, he was appointed as Sweeper on contingency basis in the fixed pay of Rs.450/- PM w.e.f.01.05.1994 and posted under the establishment of Youth Resources Officer, Mon, Na- galand. Since then the petitioner has been serving the Department for about 31 years. The further case of the petitioner is that earlier the petitioner submitted repre- sentation before the authority for up gradation to the 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 Page No.# 3/4 to the petitioners. It is submitted that the case of the present petitioner is similarly situated and squarely cov- ered by those cases. 6. However, at this stage, the learned counsel for the petitioner has presented Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025, issued by the Chief Secretary, Government of Nagaland. This memo- randum 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 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.” 7. In light of the above Office Memorandum, the learned counsel for the petitioner submits that, since the Government has already granted a scale of pay to the work-charged and casual employees as per the revi- sion of Pay 2015, this writ petition should be disposed of with a direction to the respondent authorities to consider the petitioner’s case according to the Office Memoran- dum dated 5.3.2025. Page No.# 4/4 8. Ms. Bichano, learned Government Advocate, who previously mentioned that the State Government is framing a comprehensive policy on the remuneration and terms of service for contingency and fixed pay employ- ees, now submits that given the issuance of Office Mem- orandum dated 5.3.2025, she has no objection to the re- quest made by the petitioner’s counsel. 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- 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 a period of 3(three) months 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