Page No.# 1/6 GAHC020001382025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/49/2025 SMTI. MOAMENLA, P/T GPS, MANGALEPDEN, MANGMETONG, MOKOKCHUNG, NAGALAND VERSUS THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA 2:THE COMMISSIONER AND SECRETARY DEPARTMENT OF SCHOOL EDUCATION NAGALAND KOHIMA 3:COMMISSIONER AND SECRETARY P AND AR DEPARTMENT NAGALAND KOHIMA 4:THE PRINCIPAL DIRECTOR DIRECTORATE OF SCHOOL EDUCATION NAGALAND KOHIMA 5:THE ACCOUNTANT GENERAL NAGALAND KOHIMA 6:THE SUB-DIVISIONAL EDUCATION OFFICER (SDEO) Page No.# 2/6 MOKOKCHUNG NAGALAN Advocate for the Petitioner : TONGPOK PONGENER, MUTHOI,AYALA IMCHEN,AKUM AIER,VIKEHIENUO VIMERHA,ASENLA S LONGKUMER,LAKNYEI PHOM,AKUM JAMIR Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY ORDER Date : 08.12.2025 Heard Mr. Tongpok Pongener, learned counsel for the petitioner; Ms. Inaholi, learned Government Advocate for the respondent nos. 1, 2, 3, 4 & 6; and Ms. P. Mhonbeni Ezung, learned counsel on behalf of Mr. Joshua Sheqi, learned Standing Counsel, Accountant General, Nagaland for the respondent no. 5. 2. The case of the petitioner is that by an Order dated 20.02.2023, the petitioner, who holds a Bachelor of Arts [BA] degree, was temporarily appointed to a post of Undergraduate Teacher at Government Primary School [GPS], Kruliezou under the establishment of the Deputy Inspector of Schools, Kohima with a scale pay purportedly on the recommendation of the District Selection Board and Government approval. By a subsequent Order dated 05.01.20205, the petitioner was redeployed to GPS, Langa [Mangmetong]. The petitioner was allotted GPF Account no. NL/EDN/20855 and by a Letter dated 28.03.2006, it was informed that subscriptions to the GPF Account were being collected from July, 2006 onwards. 3. A list of absentee teachers appointed w.e.f. 2002 to 2009 was published in the English daily newspaper, ‘Nagaland Post’ on 26.03.2010 by the SIT, Vigilance and Anti-corruption, Government of Nagaland, on the basis of a preliminary report. Based on the said publication, the salary of the petitioner Page No.# 3/6 was stopped. By another notification published in the English daily newspaper, ‘Eastern Mirror’ on 14.09.2012, the School Education Department, Government of Nagaland notified a list of teachers who were not covered by the Verification Committee or inadvertently missed out during compilation, to appear before the SIT, Vigilance and Anti-corruption, along with their educational certificates from Class-X and above on 20.09.2012 and 21.09.2012. As the petitioner’s name appeared at Serial no. 124 in the said list, she appeared before the authority on the scheduled date with her academic testimonials. 4. As the petitioner’s salary was held up in the meantime, the petitioner approached the Office of the respondent no. 5 for withdrawal of her GPF savings pending the verification process. But, the petitioner was not able to withdraw the same and she was informed that such withdrawal would not be permitted as her service related issues were pending for verification. 5. Finally, the Cabinet in a meeting held on 28.10.2022 vide Agenda no. 14 approved re-instatement/re-appointment of the petitioner at GPS, Langa [Mangmetong] and the Cabinet decision was communicated by the Cabinet Secretariat to the Commissioner & Secretary, School Education Department by an Office Letter dated 29.10.2022. On the basis of the Office Letter dated 29.10.2022 containing the approval of the Cabinet, the Department of School Education, Government of Nagaland, vide its Office Letter dated 06.12.2022 wrote to the Principal Director, Directorate of School Education, Nagaland conveying the approval of the Government for re-instatement of the petitioner as the Primary Teacher at GPS, Langla [Mangmetong] under Sub-Divisional Educational Officer [SDEO], Mokokchung subject to the conditions :- [i] that the intervening period i.e., the period between removal and re-instatement shall be treated as ‘dies non’. [ii] Salary will be paid from the date of issue of the re- appointment/re-instatement order and shall not be entitled to arrear of pay. The decision had clearance from the Personal & Administrative Reforms Department dated 30.10.2019; and concurrence of Finance Department dated Page No.# 4/6 07.11.2019 besides the approach of the Cabinet dated 19.10.2022. 6. Subsequent to the approval conveyed for re-instatement by the Department of School Education, Government of Nagaland, the Principal Director, Directorate of School Education, Nagaland passed an Order on 20.11.2023 ordering for re-instatement of the petitioner in conformity with the approval granted by the Department of School Education, Government of Nagaland. The petitioner accordingly joined in service by submitting a Joining Report thereafter. On 03.06.2024, a Corrigendum was issued by the Directorate of School Education, Nagaland conveying the petitioner’s place of posting would be GPS, Langa Mangmatong. 7. The State Government had introduced a system named Personal Information Management System [PIMS] in order to streamline the service details of the State Government Employees. As PIMS number for the petitioner was not generated, the petitioner through proper channel submitted an application for generation of PIMS in her name. As neither salary since her joining on the basis of her re-instatement Order dated 20.11.2023 nor her entry was not made in the PIMS for a long time, the petitioner is before this Court by the present writ petition. 8. During the course of the proceedings, the learned Government Advocate, on 24.11.2025, submitted that the petitioner’s name had already been registered in the Personal Information Management System [PIMS] and further process was being undertaken and it would be possible to release the arrear salaries of the petitioner only after completion of the process. The Court then directed the learned Government Advocate to take further instructions in writing as regards the period that would be required to release the pay and allowances of the petitioner. 9. Today, Ms. Inaholi, learned Government Advocate placed an Office Letter no. ED/CON/HC-06/2025/189 dated 02.12.2025 from the Principal Director, Directorate of School Education, Nagaland, addressed to her, whereby, it has been conveyed that a period of sixty days would be necessary to process the Page No.# 5/6 matter and to release the pay and allowances of the petitioner. 10. Mr. Pongener has highlighted that the Official respondents have kept silence regarding activation of the petitioner’s GPF Account and refund of the contributions made from the petitioner’s salary during her earlier period of service in GPF Account no. NL/EDN/20855. The respondent no. 5 has filed an affidavit-in-opposition stating inter-alia that any matter regarding part- withdrawal of GPF savings pertains to the concerned DDO/HoD of the State Government. It has been averred that only in respect of final payment cases due to retirement/death of the Government Servants [Group-C onwards], the Office of the Accountant General [A&E] would authorize the concerned HoDs to draw and disburse the final accumulation of the GPF Account to the retirees/nominees of the family of the deceased Government Servant in death cases. With such projections, the respondent no. 5 has highlighted that the matter regarding part-withdrawal of GPF Savings does not pertain to the Office of the respondent no. 5. It is further mentioned that since the petitioner is still in service through re-instatement Order dated 20.11.2023, any withdrawal from her GPF Account is within the purview of the State Government. 11. From the above, it has emerged that within a period of 60 [sixty] days, the matter regarding processing and disbursal of the arrear pay and allowances of the petitioner since after her joining on the basis of the re-instatement Order dated 20.11.2023 would be finalized. In view of such statement made on behalf of the State respondents, this Court observes that the State respondents shall complete the entire process for release of the arrear pay and allowances to the petitioner after the re-instatement Order dated 20.11.2023 is finalized within the period of 60 [sixty] days. 12. In so far as the activation of the GPF Account is concerned, the State respondents shall also take necessary steps within the period of next 60 [sixty] days to activate the GPF Account of the petitioner in accordance with the extant procedure. If for activation of the GPF Account of the petitioner there is any role of the respondent no. 5, then the respondent no. 5 shall extend the necessary assistance and cooperation in the matter. Page No.# 6/6 13. As the petitioner has projected that contributions were collected from the salary during her earlier service period between 2006-2010 and the same were deposited in GPF Account no. NL/EDN/20855, the Official respondents including the respondent no. 5 shall consider the same as per the extant procedure and if contributions made to GPF Account no. NL/EDN/20855 are in deposit then a decision should be taken whether to allow the petitioner to withdraw the said amount or to transfer the said amount to the GPF Account to be activated in accordance with law and as per the procedure prevailing. Such decision should be taken as expeditiously as possible, preferably, within an outer limit of 60 [sixty] days from the expiry of sixty days’ period directed above for release of arrear salaries of the petitioner and for activation of her GPF Account after her re-instatement. 14. This order disposes of the writ petition. No cost. Sd/- JUDGE Comparing Assistant