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2025 DAILYLAW 23531 (GAU)

THE STATE OF NAGALAND AND 6 ORS v. SMTI. PONYU K

WA/8/2023 · 2025-12-03

Arun Dev Choudhury

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/15 GAHC020003342022 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WA/16/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TIUENSANG DIVISION NAGALAND 5: COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPARTMENT NAGALAND KOHIMA 6: SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIM VERSUS MR. KHIUNGKIU YIMCHUNGER RETD. WORK CHARGE LABOUR, R/O ZHIMKIUR VILLAGE, KIPHIRE, NAGALAND Advocate for the Petitioner : GOVT ADV NL, Advocate for the Respondent : L LIKHASE SANGTAM, ,ATILA PONGEN,BENISON V SHOHE Page No.# 2/15 Linked Case : WA/23/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF P AND AR NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MR. YANGSAZI SANTAM RETD. WORK CHARGE R/O RESETHSI VILLAGE KIPHIRE NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. YANGSAZI SANTAM Linked Case : WA/22/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND Page No.# 3/15 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF P AND AR NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MR. AKHAMONG RETD. WORK CHARGE R/O SANGSOMONG VILLAGE TUENSANG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. AKHAMONG Linked Case : WA/8/2023 THE STATE OF NAGALAND AND 6 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY DEPARTMENT OF PERSONNEL AND ADMINISTRATIVE REFORMS. 3: THE FINANCIAL COMMISSIONER NAGALAND KOHIMA 4: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PUBLIC HEALTH ENGINEERING DEPARTMENT Page No.# 4/15 NAGALAND KOHIMA 5: THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALANG KOHIMA 6: THE ADDITIONAL CHIEF ENGINEERING PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 7: THE EXECUTIVE ENGINEER PHED MON DIVISION NAGALAND VERSUS SMTI. PONYU K W/O LATE EKHAMLIWANG KONYAK- EKUMLEWANG K EKEMKEWANG KONYAK-PHUSHAI K W/C FITTER GRADE-II UNDER THE OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : SUPONGWATI WALLING appearing for SMTI. PONYU K Linked Case : WA/4/2025 THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 3: THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT Page No.# 5/15 NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT PHEK DIVISION PHEK NAGALAND VERSUS SHRI YISUTU AND ANR S/O SHRI YOPITU W/C SKILL LABOUR (SUPERANNUATED) CODE NO.PHK.0659 SUB-DIVISIONAL OFFICER PHED MELURI SUB-DIVISION PHEK NAGALAND 2:THE ACCOUNTANT GENERAL NAGALAND KOHIMA ------------ Advocate for : SEPONGLEMLA CHANG Advocate for : SENTIYANGER (R-1) appearing for SHRI YISUTU AND ANR Linked Case : WA/18/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA Page No.# 6/15 4: THE EXECUTIVE ENGINEER PWD (H) NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPARTMENT NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MRS. MAYANATH BENGALI RETD. WORK CHARGE R/O NOKLAK NOKLAK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MRS. MAYANATH BENGALI Linked Case : WA/24/2022 THE STATE OF NAGALAND AND 5 ORS THROUGHT THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF P AND AR NAGALAND KOHIMA Page No.# 7/15 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MR. THSAPISE SANGTAM RETD. WORK CHARGE R/O ANGANGBA VILLAGE KIPHIRE NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. THSAPISE SANGTAM Linked Case : WA/19/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPARTMENT NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MR. TOHAMOA YIMCHUNGER RETD. WORK CHARGE Page No.# 8/15 R/O CHIMONGER TUENSANG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. TOHAMOA YIMCHUNGER Linked Case : WA/2/2025 THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 3: THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT PHEK DIVISION PHEK NAGALAND VERSUS SHRI WHICHETSU AND ANR S/O SHRI YISUTU W/C KHALASI (SUPERANNUATED) CODE NO.PHK.0624 SUB DIVISIONAL OFFICER PHED Page No.# 9/15 MELURI SUB DIVISION PHEK NAGALAND 2:THE ACCOUNTANT GENERAL NAGALAND KOHIMA ------------ Advocate for : SEPONGLEMLA CHANG Advocate for : SENTIYANGER (R-1) appearing for SHRI WHICHETSU AND ANR Linked Case : WA/15/2025 SMTI. NYAHSULA SANGTAM W/O LATE CHORONGSE SANGTAM R/O LIRISE VILLAGE P.O AND P.S. - LONGKHIM TUENSANG NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPT. OF WORKS AND HOUSING NAGALAND KOHIMA 2:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 3:THE CHIEF ENGINEER PUBLIC WORKS DEPT NAGALAND KOHIMA 4:THE EXECUTIVE ENGINEER PWD (R AND B) DIVISION TUENSANG NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 3 ORS Linked Case : WA/16/2025 Page No.# 10/15 SMTI. PUSHOLU W/O LATE ZUNEPRA LOHE R/O YORUBA VILLAGE P.O. AND P.S. - CHOZUBA PHEK NAGALAND VERSUS STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY DEPT. OF WORKS AND HOUSING NAGALAND KOHIMA 2:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 3:THE CHIEF ENGINEER PUBLIC WORKS DEPT NAGALAND KOHIMA 4:THE EXECUTIVE ENGINEER PWD (HOUSINGB) DIVISION PHEK NAGALAND ------------ Advocate for : TONGPOK PONGENER Advocate for : GOVT ADV NL appearing for STATE OF NAGALAND AND 3 ORS Linked Case : WA/20/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND Page No.# 11/15 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND P AND AR DEPARTMENT NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS MR. TONGRI SANGTAM RETD. WORK CHARGE R/O CHIMONGER TUENSANG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. TONGRI SANGTAM Linked Case : WA/21/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF P AND AR NAGALAND KOHIMA 6: THE SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE NAGALAND KOHIMA VERSUS Page No.# 12/15 MR. MANGYANG RETD. WORK CHARGE R/O LITEM VILLAGE C-KHEL TUENSANG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. MANGYANG Linked Case : WA/3/2025 THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 3: THE CHIEF ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PUBLIC HEALTH ENGINEERING DEPARTMENT PHEK DIVISION PHEK NAGALAND VERSUS SHRI YAMCHANTSU AND ANR S/O SHRI RUSETSU W/C SKILL LABOUR (SUPERANNUATED) CODE NO. PHK.0669 Page No.# 13/15 SUB DIVISION OFFICER PHED MELURI SUB DIVISION PHEK NAGALAND 2:THE ACCOUNTANT GENERAL NAGALAND KOHIMA ------------ Advocate for : SEPONGLEMLA CHANG Advocate for : SENTIYANGER (R-1) appearing for SHRI YAMCHANTSU AND ANR Linked Case : WA/5/2025 STATE OF NAGALAND AND 2 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND NAGALAND KOHIMA 2: THE PRINCIPAL SECRETARY PHED NAGALAND KOHIMA 3: THE CHIEF ENGINEER PHED NAGALAND KOHIMA VERSUS SHRI NGUKHA S/O SHRI SOUTSHITHO W/C SKILLED LABOUR (SUPERNANNUATED) CODE NO. PHK.0669 SUB-DIVISIONAL OFFICER PHED MELURI SUB-DIVISION PHEK NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : SENTIYANGER appearing for SHRI NGUKHA Page No.# 14/15 Linked Case : WA/17/2022 THE STATE OF NAGALAND AND 5 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF WORKS AND HOUSING NAGALAND KOHIMA 3: THE CHIEF ENGINEER DEPARTMENT OF PWD (H) NAGALAND KOHIMA 4: THE EXECUTIVE ENGINEER PWD (H) TUENSANG DIVISION NAGALAND KOHIMA 5: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF P AND A R 6: SECRETARY TO THE GOVT. OF NAGALAND DEPARTMENT OF FINANCE VERSUS MR. WONGTO CHANG RETD. WORK CHARGE R/O TUENSANG VILLAGE C KHEL TUENSANG NAGALAND ------------ Advocate for : GOVT ADV NL Advocate for : appearing for MR. WONGTO CHANG BEFORE HON'BLE MR. JUSTICE MICHAEL ZOTHANKHUMA HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER ORDER Date :11-02-2026 (M.Zothankhuma,J) Adjournment prayer has been made as some of the cases have been decided by one of us (Yarenjungla Longkumer,J). Page No.# 15/15 Accordingly, list these matters before any other bench, not before one of us (Yarenjungla Longkumer,J). JUDGE JUDGE Comparing Assistant