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2025 DAILYLAW 23488 (GAU)

SHRI KIVIKHU v. STATE OF NAGALAND AND 4 ORS

WP(C)/158/2025 · 2025-11-26

Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/9 GAHC020005062025 2025:GAU-NL:576 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/150/2025 SHRI TOYEVI AND 2 ORS S/O LUTHAKHU, WORK-CHARGE LABOUR, UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD, AGHUNATO DIVISION, NAGALAND 2: SHRI TOHEVI S/O GHOKHETO WORK-CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND 3: SHRI KIHETO S/O KHUHEZU WORK-CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAN VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA Page No.# 2/9 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAN Advocate for the Petitioner : S. TEMJEN, CHOPIKA SUMI,TEMSU JAMIR,ALIVI K CHOPHY Advocate for the Respondent : GOVT ADV NL, Linked Case : WP(C)/154/2025 SHRI YESHIKHU AND ANR S/O VITOLHO WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND 2: SHRI KHESHIVI S/O ZHEKUTO WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER Page No.# 3/9 PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/157/2025 SHRI SAKISHE S/O GHOKHETO WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/151/2025 Page No.# 4/9 SHRI VIHEYI S/O VIKHUTO WORK CHARGE F/LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/153/2025 SHRI HEVUTO S/O TSATSAGHO WORK CHARGE F/LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS Page No.# 5/9 STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/152/2025 SHRI PHUHOI S/O GHONIVI JUGALI UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA Page No.# 6/9 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/156/2025 SHRI NIKHETO AND ANR S/O ZUTOVI WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND 2: SHRI AHUTO S/O VISHETO WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD Page No.# 7/9 AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/158/2025 SHRI KIVIKHU S/O KHUIVI WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS Linked Case : WP(C)/155/2025 Page No.# 8/9 SHRI PITOHO SEMA S/O VISUTO WORK CHARGE LABOUR UNDER THE ESTABLISHMENT OF EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY NPWD NAGALAND KOHIMA 3:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 4:CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 5:THE EXECUTIVE ENGINEER PWD AGHUNATO DIVISION NAGALAND ------------ Advocate for : S. TEMJEN Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 4 ORS BEFORE HON'BLE MR. JUSTICE UNNI KRISHNAN NAIR ORDER 27.11.2025 The petitioners in the above noted writ petitions had approached this Court praying for a direction upon the respondent authorities to grant them scale of pay in terms of the provisions of the OM dated 17.03.2015 w.e.f. 01.04.2025. Page No.# 9/9 During the pendency of the present proceedings the respondents have entered their appearance in the matter and have filed their affidavits. In the affidavit it has been brought on record that on a scrutiny of the particulars of the service rendered by the petitioners in the above noted writ petitions, it was found that they were placed in the doubtful category. Accordingly, on a processing made in matter which also involves issuance of show cause notice, disputed by the petitioners herein, the service of the petitioners came to be terminated by issuance of Notifications, all dated 06.11.2024. The service of the petitioners now having been terminated, the petitioners are required to challenge the termination order so issued in their respective cases. The learned counsel for the petitioners, in view of the developments taking place in the matter submitted that he be permitted to withdraw the above noted writ petitions, with liberty to challenge the termination of the services of the petitioners in the above noted writ petitions. Prayer is not objected to by the learned counsel for the respondents. In view of the above, the present writ petitions stand dismissed on withdrawal with liberty to the petitioners to assail their respective termination orders as well as to reagitate the prayers made in the above noted writ petitions. JUDGE Comparing Assistant