Page No.# 1/3 GAHC020008442024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/317/2024 SMTI. KENLONG KONYAK WIFE OF NYAKCHING KONYAK R/O TECHA WARD, MON TOWN-798621, NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY SCHOOL EDUCATION DEPT. NAGALAND KOHIMA 3:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALANBD KOHIMA 4:THE EXECUTIVE ENGINEER EDUCATION DIVISION KOHIMA NAGALAN Advocate for the Petitioner : SENTIYANGER, V ANNE THERIE,KONLI BUCHEM Advocate for the Respondent : GOVT ADV NL, Page No.# 2/3 BEFORE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA ORDER Date : 20-01-2025 Heard the learned counsel, Mr. Sentiyanger appearing for the petitioner as well as Mr. Imchen, learned Sr. Govt. Advocate appearing for the state respondents. 2. This application has been filed under Article 226 of the Constitution of India praying for an appropriate order directing the state respondents to pay the arrear salary to the petitioner. 3. The petitioner was appointed as a Work Charged Sweeper on 19.12.1989 on fixed pay scheme. Her services were extended from time to time and on 31st of December, 2024, after completion of 35 years of continuous services, she retired. 4. Since December, 2022 the salary of the petitioner was withheld on the ground that her services were not extended, which is reflected in the office letter dated 23.07.2024. The petitioner submitted representations. 5. The petitioner officially retired on 31st of December, 2024. So, it is clear that her services were utilised till 31.12.2024. The Executive Engineer (PWD) (H), Education Division, Kohima, Nagaland has also issued a performance certificate dated 15.05.2023 in favour of the petitioner. 6. I have considered the submissions made by the learned counsel of both sides. 7. Payment of salary in lieu of work done is a constitutional right of a person. Since the petitioner’s services were utilised till 31.12.2024, she is entitled to receive her salary since the month of December, 2022. 8. Therefore, the state respondents are directed to take steps so that the Page No.# 3/3 petitioner gets her salary since December, 2022 till the date of her retirement on 31.12.2024. 9. Endeavour shall be made so that the petitioner gets her salary within next 3 (three) months. With the aforesaid direction, the present writ petition stands disposed of. Sd/- JUDGE Comparing Assistant