Page No.# 1/18 GAHC020002882025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/76/2025 STATE OF NAGALAND AND ANR REPRESENTED BY THE HOME COMMISSIONER, HOME DEPT. NAGALAND KOHIMA VERSUS SHRI. T. AKANGTEMJEN AND 97 ORS EX-CADRE DB, DC OFFICE CHUMUKEDIMA, DIMAPUR NAGALAND Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : , Linked Case : Review.Pet./6/2025 STATE OF NAGALAND AND ANR REPRESENTED BY THE HOME COMMISSIONER HOME DEPT. NAGALAND KOHIMA 2: THE COMMISSIONER GOVT. OF NAGALAND NAGALAND KOHIMA VERSUS SHRI. T. AKANGTEMJEN AND 97 ORS EX-CADRE DB DC OFFICE CHUMUKEDIMA DIMAPUR NAGALAND 2:SHRI RINGJEN NABEN Page No.# 2/18 EX-CADRE DB SDO (C) DHANSIRIPAR DIMAPUR NAGALAND 3:SHRI A. APONG PHOM EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 4:SHRI HREMLEI KONYAK EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 5:SHRI VIGUKHA SEMA EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 6:SHRI AKANGMANEN EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 7:SHRI I. TONGTIREPBA AO EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 8:SHRII I PANGJUNG EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 9:SHRI ZUBENTHUNG NGULLIE EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 10:SHRI NITOVI ZHIMO Page No.# 3/18 EX-CADRE DB SDO (C) DHANSIRIPAR DIMAPUR NAGALAND 11:RUPFUVIKHO KEHIE EX-CADRE DB EAC OFFICE CHUMUKEDIMA NAGALAND 12:SHRI IMTITONGDANG EX-CADRE DB EA OFFICE CHUMUKEDIMA NAGALAND 13:SHRI KHRIESAKEDUOLIE RAME EX-CADRE DB EAC OFFICE CHUMUKEDIMA NAGALAND 14:SHRI YEHOTO SEMA EX-CADRE DB SDO (C) OFFICE DHANSIRIPAR DIMAPUR NAGALAND 15:SHRI NEIKERULHOU YASHU EX-CADRE DB EAC OFFICE CHUMUKEDIMA NAGALAND 16:SHRI KIHETO EX-CADRE DB SDO (C) OFFICE DHANSIRIPAR NAGALAND 17:SHRI ALEBU NAGI EX-CADRE DB DC OFFICE DIMAPUR NAGALAND 18:SHRI TOKHEHO (Y.T. ACHUMI) EX-CADRE DB EAC OFFIC CHUMUKEDIMA Page No.# 4/18 NAGALAND 19:SHRI NIKUTO ZHIMOMI EX-CADRE DB SDO (C) OFFICE DHANSIRIPAR DIMAPUR NAGALAND 20:SHRI DAVID SUMI EX-CADRE DB EAC NIHOKHU NIULAND NAGALAND 21:SHRI NIKIYE ACHUMI EX-CADRE DB EAC NIHOKHU NIULAND NAGALAND 22:SHRI KAHOVI AWOMI EX-CADRE DB ADC NIULAND NIULAND NAGALAND 23:SHRI S. EYINGO LOTHA EX-CADRE DB ADC OFFICE NIULAND NAGALAND 24:SHRI VITOI YEPTHOMI EX-CADRE DB EAC AGHUNAQA NIULAND NAGALAND 25:SHRI VIHETO AYE EX-CADRE DB EAC AGHUNAQA NIULAND NAGALAND 26:SHRI BOHOVI EX-CADRE DB ADC OFFICE Page No.# 5/18 NIULAND NAGALAND 27:SHRI KASHETO KHULU EX-CADRE DB EAC OFFICE AGHUNAQA NIULAND NAGALAND 28:SHRI ANIEHU V YEPTHO EX-CADRE DB ADC OFFICE NIULAND NAGALAND 29:SHRI SUKHALU SUMI EX-CADRE DB ADC OFFICE NIULAND NAGALAND 30:SHRI KITOKHU L. SWU EX-CADRE DB ADC OFFICE NIULOAND NAGALAND 31:SHRI KIYEHO SUMI EX-CADRE DB EAC OFFICE NIHOKHU NIULAND NAGALAND 32:SHRI KHEYOHI AWOMI EX-CADRE DB ADC OFFICE AGHUNAQA NIULAND NAGALAND 33:SHRI YESUNO SUMI EX-CADRE DB EAC AGHUNAQA NIULAND NAGALAND 34:SHRI KUHOSHI EX-CADRE DB EAC OFFICE KUGHOPOTO NIULAND NAGALAND Page No.# 6/18 35:SHRI LIMA EX-CADRE DB KIPHIRI NAGALAND 36:SHRI R. PITHRONGLI EX-CADRE DB KIPHIRE NAGALAND 37:SHRI LIPIBA EX-CADRE DB KIPHIRE NAGALAND 38:SHRI SHEMONTHUNG EX-CADRE DB KIPHIRE NAGALAND 39:SHRI CHIMKIMONG EX-CADRE DB KIPHIRE NAGALAND 40:SHRI Y.AKUM EX-CADRE DB KIPHIRE NAGALAND 41:SHRI R. TETSAMONG EX-CADRE DB KIPHIRE NAGALAND 42:SHRI AZITHSING EX-CADRE DB KIPHIRE NAGALAND 43:SHRI ARUN EX-CADRE DB KIPHIRE NAGALAND 44:SHRI THROPI EX-CADRE DB Page No.# 7/18 KIPHIRE NAGALAND 45:SHRI CHONGMA EX-CADRE DB ADC NOKLAK TUENSANG NAGALAND 46:SHRI HENO EX-CADRE DB EAC NOKHU TURNSANG NAGALAND 47:SHRI LONGKHOI EX-CADRE DB EAC NOKHU TUENSANG NAGALAND 48:SHRI A. WONGTON YIMCHUNGER EX-CADRE DB EAC TSURONGTO TUENSANG NAGALAND 49:SHRI MUKHEBA YIMCHUNGER EX-CADRE DB SDO (C) CHESSORE TUENSANG NAGALAND 50:SHRI POKOI CHANG EX-CADRE DB ADC NOKLAK TUENSANG NAGALAND 51:SHRI H. TOPUNG YIMCHUNGER EX-CADRE DB EAC SHAMATOR TUENSANG NAGALAND 52:SHRI THANGSOI EX-CADRE DB EAC NOKHU TUENSANG NAGALAND 53:SHRI PUSHING Page No.# 8/18 EX-CADRE DB ADC NOKLAK TUENSANG NAGALAND 54:SHRI T. ONGBOU CHANG EX-CADRE DB DC TUENSANG NAGALAND 55:SHRI KHISAMBISE SANGTAM EX-CADRE DB EAC LONGKHIM TUENSANG NAGALAND 56:SHRI C. HANCHICHANG EX-CADRE DB ADC NOKLAK TUENSANG NAGALAND 57:SHRI S. PHENIANG KHIAM EX-CADRE DB DC TUENSANG NAGALAND 58:SHRI THUNGPANG EX-CADRE DB SDO NOKSEN TUENSANG NAGALAND 59:SHRI ELEMMONGKO CHANG EX-CADRE DB DC TUENSANG NAGALAND 60:SHRI THSUNRHUBA YIMCHUNGER EX-CADRE DB ADC SHAMATOR TUENSANG NAGALAND 61:SHRI AKHOLE KONYAK EX-CADRE DB ITC DAN (PANGSHA) TUENSANG NAGALAND 62:SHRI TSONGTSAMEYO KHIAMNIUNGAN EX-CADRE DB EAC PANSO TUENSANG NAGALAND Page No.# 9/18 63:SHRI SHEVUTO SUMI EX-CADRE DB AGHUNATO ZUNHEBOTO NAGALAND 64:SHRI HUTOSHE SUMI EX-CADRE DB ASURUHOTO ZUNHEBOTO NAGALAND 65:SHRI INAKHU SUMI EX-CADRE DB AKULUTO ZUNHEBOTO NAGALAND 66:SHRI VIKHEHO EX-CADRE DB VK ZUNHEBOTO NAGALAND 67:SHRI VIKIHO EX-CADRE DB ZUNHEBOTO NAGALAND 68:SHRI NIHOTO SUMI EX-CADRE DB SURUHOTO ZUNHEBOTO NAGALAND 69:SHRI KAKIHO SUMI EX-CADRE DB AGHUNATO ZUNHEBOTO NAGALAND 70:SHRI AHOI SUMI EX-CADRE DB ASTAKHA ZUNHEBOTO NAGALAND 71:SHRI INAKHE YEPTHO EX-CADRE DB SATAKHA ZUNHEBOTO NAGALAND 72:SHRI VIKAYI K EX-CADRE DB SATOI Page No.# 10/18 ZUNHEBOTO NAGALAND 73:SHRI K. TOIHO ZHIMO EX-CADRE DB ZUNHEBOTO NAGALAND 74:SHRI A. ATO ASSUMI EX-CADRE DB VK ZUNHEBOTO NAGALAND 75:SHRI INAHO EX-CADRE DB ZUNHEBOTO NAGALAND 76:SHRI TOKHUGA CHISHI EX-CADRE DB AKULUTO ZUNHEBOTO NAGALAND 77:SHRI VIYIHO V EX-CADRE DB SATAKHA ZUNHEBOTO NAGALAND 78:SHRI AKATO P. SWU EX-CADRE DB SATAKHA ZUNHEBOTO NAGALAND 79:SHRI HEKATO EX-CADRE DB ATOIZU ZUNHEBOTO NAGALAND 80:SHRI ABITO ZHIMOMI EX-CADRE DB AGHUNATO ZUNHEBOTO NAGALAND 81:SHRI CHINLUNG EX-CADRE DB ADC TAMLU LONGLENG NAGALAND 82:SHRI SHIBA EX-CADRE DB LONGLENG NAGALAND Page No.# 11/18 83:SHRI SHIBA EX-CADRE DB LONGLENG NAGALAND 84:SHRI TANGSANG EX-CADRE DB EAC SAKSHI LONGLENG NAGALAND 85:SHRI YANTING EX-CADRE DB EAC YONGNYAH LONGLENG NAGALAND 86:SHRI N.N. BONSHAI EX-CADRE DB LONGLENG NAGALAND 87:SHRI PANGJEI EX-CADRE DB LONGLENG NAGALAND 88:SHRI SHILU EX-CADRE DB LONGLENG NAGALAND 89:SHRI MOLU EX-CADRE DB LONGLENG NAGALAND 90:SHRI PHUHLUK EX-CADRE DB EAC YONGNYAH LONGLENG NAGALAND 91:LONGANG EX-CADRE DB LONGLENG NAGALAND 92:SHRI NOKYUNG EX-CADRE DB LONGLENG NAGALAND 93:SHRI D SANGRIE EX-CADRE DB JALUKIE PEREN NAGALAND Page No.# 12/18 94:SHRI POUGOUTEU EX-CADRE DB NSONG PEREN NAGALAND 95:SHRI THONGKHOTINCHON EX-CADRE DB ATHIBUNG PEREN NAGALAND 96:SHRI POAMINTHANG EX-CADRE DB ATHIBUNG PEREN NAGALAND 97:SHRI ILIA EX-CADRE DB JALUKIE PEREN NAGALAND 98:SHRI ABAM EX-CADRE DB PEREN NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : R. IRALU SR. ADV appearing for SHRI. T. AKANGTEMJEN AND 97 ORS BEFORE HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date : 12-11-2025 12.11.2025 Heard the learned Adll. A.G Ms. V. Suokhrie, for the applicants as well as Mr. L. Iralu, learned counsel appearing for all the respondents. Page No.# 13/18 This is an application under section 5 of the Limita- tion Act, 1963 praying for condonation of delay of 474 days in filing the connected Review Petition No.6/2025. The case of the applicants is that this Court by order dated 07.09.2022 in W.P.(C) 90/2021 had directed the applicants to pay the minimum scale of pay to the petitioners who are reg- ular Grade-II DBs employed on contingency basis along with ar- rears from the date of filing the writ petition within 90 days from the date of order. Being aggrieved by the judgment and order dated 07.09.2022, passed in W.P.(C) 90/2021 the applicants filed W.A.6/2023 and the same was kept pending waiting for the out- come of Special Leave Petition (Civil) Dairy No.25185/2023 filed by the State challenging the direction of this Court to pay the minimum scale of pay to a contingent employee in another case. However, the Supreme Court by order dated 11.12.2023 had directed that the order passed by the High Court should be implemented and as such on the basis of this order, the applicants withdrew W.A 6/2023 on 07.02.2024. Thereafter the Special Leave Petition (Civil) Dairy No.25185/2023 was dis- posed of on 20.02.2024 on the ground that the State is bringing out its own policy decision on the said subject matter. The applicants state that counting from withdrawal of W.A 6/2023 dated 07.02.2024, there is a delay of 474 days in filing the present review petition. The applicants states that de- lay of 474 has been caused due to the following reasons:- Page No.# 14/18 (i) After the Supreme Court’s direction dated 11.12.2023 passed in Special Leave Petition (Civil) Dairy No.25185/2023, the Government has brought out a No- tification dated 16.02.2024 constituting a 6 member Committee to bring out suitable policy for regulating pay remuneration and conditions of service of contin- gency and fixed paid employees. Thereafter by letter dated 18.09.2024 the committee submitted its report to the Government and the matter was placed before the Cabinet for its approval. (ii) The Government brought out a policy by Office memo- randum No.AR-3/GEN-67/2001 dated 05.03.2025 stat- ing that all work charged and casual employees in all the Departments whose name have been duly verified by the District Level Verification Committee and regis- tered in PIMS receiving fixed pay shall be granted scale of pay as per the Revision of Pay 2015 w.e.f.01-04- 2025. Again by Notification No.AR/LEGAL-5/8/2024 dated 05.03.2025 all contingency, fixed and wage paid employees appointed on or before 6th June 2016 were deemed to be casual employees and shall henceforth come under the Work Charged and Casual Employees Regulation Act 2001 and shall be eligible for regulariza- tion under the scheme for regularization and absorption of work charged and casual employees and revision of wages notified vide O.M No.AR-3/GEN-201/2009 dated 17.03.2015. Thereafter by OM FIN/ESTT-4/2011 dated 05.05.2025 the fixation of pay upon conversion of fixed Page No.# 15/18 paid work charged and casual; employees to scale of pay was brought out by the Finance Department. Thereafter by letter No.GAB-1/COURT/DB/13/2022/267 dated 16.04.2025, Home Department wrote to the Prin- cipal Secretary, Personnel and Administrative Reforms Nagaland Kohima seeking clarification as to whether the O.M. No.AR-3/GEN-67/2001 dated 05.03.2025 will cover the payment of arrears of salary as directed by this Court vide judgment and order dated 07.09.2022 passed in W.P.(C) 90/2021. (iii) Thereafter by letter dated 06.05.2025, the Under Secre- tary to the Government of Nagaland, P & AR Depart- ment clarified that the petitioners who are contingency Dobhashis are included as casual employees vide Notifi- cation dated 05.03.2025 subject to fulfillment of the conditions laid therein including appointment on or be- fore 06.06.2016 and they shall further be granted scale of pay as per ROP 2015 and shall also be eligible for regularization under the work charged regularization scheme. Thereafter, the Home Department wrote to the Addl. A.G Nagaland vide letter dated 16.05.2015 re- questing to file review of the judgment and order dated 07.09.2025 passed in W.P.(C) 90/2021 as the payment of arrears to fixed paid and casual employees prior to 01.04.2025 does not arise. It is stated that the review petition was prepared af- ter receiving the said letter dated 16.05.2025 and was accord- ingly filed. The learned Addl. A.G submits that the entire period Page No.# 16/18 in pursuing W.A.6/2023 up to the date of withdrawal on 07.02.2024 is to be excluded and delay of 474 days in filing the review petition has been explained herein above and the delay is neither intentional nor due to the negligence or lapses on the part of the applicants and therefore prays that the delay of 474 days may be condoned. The learned Addl. A.G has relied on the case of State of Kerela and others vs M.G. Presanna and others reported in (2011) 15 SCC 203. The Supreme Court in the aforementioned judgment has held that the entire period spent up to the date of disposal of review petition should be treated as period spent in pursuing other remedies and has to be excluded from the computation of limitation period. Relying on the said judgment, the learned Addl. A.G submits that the period spent before the Division Bench and Supreme Court should be ex- cluded from the limitation period. The learned counsel for the respondent Mr. L. Iralu appearing for the respondents has also filed a written objection on behalf of the respondents. The learned counsel for the re- spondents submits that the review petition is an afterthought and an attempt to frustrate and sit in appeal over the judgment passed by this Court in W.P.(C) 90/2021 by relying on some pol- icy decision of the State which has been formulated subsequent to the judgment of this Court. It is also stated that a Contempt Petition 12/2023 has also been filed by the petitioners on 22.05.2023 and the same is also pending. It is also stated that the present review petition has been filed on 27.05.2025; much after the contempt petition was filed by the petitioners. It is also Page No.# 17/18 submitted that the only remedy available to the State was to file appeal which they have done and withdrew. Therefore, it is sub- mitted that the matter has attained finality and the explanation given by the applicants/State Government in the condonation application has not shown sufficient cause and the application may be dismissed. The learned counsel for the respondents also submits that the limitation has to start from the date of the judgment of the learned Single Judge dated 07.09.2022 and therefore, since the same has not been explained in the present application, this Court may dismiss the application. This Court has considered the submissions of the learned counsel for the parties and also perused the pleadings. Upon going through the pleadings as well as the sub- mission of the learned Addl. A.G, this Court has observed that the period spent by the State respondents/applicants while pur- suing the writ appeal and the Special Leave Petition can be ex- cluded from the period of limitation as it was spent in pursuing other remedies before the appropriate forum. However, the pe- riod of 474 days after withdrawal of W.A.6/2023 has to be ex- plained with sufficient cause. The explanation regarding the 474 days is reflected in paragraph 5 of the application. This Court is of the view that in the said explanation sufficient cause has not been shown but it has only reflected the constitution of a com- mittee by the State Government to bring out policy for regulating pay and conditions of the service of the contingency and fixed paid employees. Such an exercise by the applicants have been carried out only after the judgment dated 07.09.2022 had been passed and after the W.A.6/2023 had been withdrawn by the ap- Page No.# 18/18 plicants. Such steps taken by the applicants cannot be a ground for condonation of delay and therefore, the applicants have not been able to make out any sufficient cause to condone the delay of 474 days. In view of the above observation, the instant applica- tion is dismissed. Sd/- JUDGE Comparing Assistant