JUDGMENT : KARDAK ETE, J. Heard Mr. L. L. Sangtam, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Government Advocate for the State respondents. 2. This application has been instituted praying for a direction to the State respondents to consider the case of the petitioner for regularization of his service in terms of the Office Memorandum dated 17.03.2015 issued by the Chief Secretary to the Government of Nagaland, with all consequential benefits, including arrear salary and pensionary benefits. 3. The case, in a nutshell, is that the petitioner was appointed as a Work-Charged Tracer in the year 1988 by the Executive Engineer (PWD), Kiphire Division, with a scale of pay of Rs. 425-9-542-12- 614-14-670 EB-15-730/- per month along with other admissible allowances and accordingly, he joined the service on 05.05.1988. 4. The petitioner, after rendering 35 years of service, was released from service on 31.05.2023 on attaining the age of superannuation. It is the contention of the petitioner that even after serving for 35 years as a Work-Charged Tracer, his service has not been regularized in violation of the policy of the State i.e. Office Memorandum dated 17.03.2015, which provides a scheme for regularization of Work- Charged employees who have completed or will complete 30 years of continuous service after 01.01.2015 and who have been enjoying scale pay, thereby depriving the petitioner of his rightful service benefits, including pensionary benefits. 5. Mr. Sangtam, learned counsel for the petitioner, submits that as per Clause 1(ii) of the Office Memorandum dated 17.03.2015, those Work-Charged and Casual Employees in scale pay who have completed or will complete 30 years of continuous service after 01.01.2015, their cases for regularization are to be taken up st st subsequently in two batches as on 1 July and 1 January every year, on the same terms and conditions as provided in the Office Memorandum. However, the State respondents, without considering the applicable Office Memorandum, allowed the petitioner to retire in the year 2023 without regularizing his service, despite the petitioner having completed 35 years of continuous service as a Work-Charged Tracer. Therefore, he submits that the respondent authorities may be directed to consider the case of the petitioner for regularization of his service and to grant all consequential service benefits, including pensionary benefits. 6. Mr. Therefore, he submits that the respondent authorities may be directed to consider the case of the petitioner for regularization of his service and to grant all consequential service benefits, including pensionary benefits. 6. Mr. E. Thiba Phom, learned Government Advocate appearing for the State respondents, on instructions, submits that since the case of the petitioner could not be considered for regularization in terms of the Office Memorandum dated 17.03.2015 during the currency of his service, the respondent authorities are presently in the process of considering the case of the petitioner. Therefore, he prays that a reasonable time may be granted to the respondent authorities to consider the case of the petitioner. 7. I have considered the submissions of the learned counsel for the parties and have also perused the materials available on record, including the Office Memorandum dated 17.03.2015. 8. Admittedly, the petitioner was appointed as a Work-Charged Tracer in 1988, with the scale of pay and he joined service on 05.05.1988. He was released from service on 31.05.2023 upon attaining the age of superannuation, having completed 35 years of continuous service. 9. The State of Nagaland has framed a scheme for the regularization and absorption of Work-Charged and Casual Employees, as well as for the revision of their pay and wages, which was notified vide Office Memorandum No. AR-3/GEN-201/2009, dated 17.03.2015, issued by the Chief Secretary to the Government of Nagaland. The Office Memorandum is extracted hereinbelow: “Government of Nagaland Personnel and Administrative Reforms Department (Administrative Reforms Branch) ***** No. AR-3/GEN-201/2009 Dated, Kohima, the 17th March, 2015 OFFICE MEMORANDUM Sub: Scheme for regularization and absorption of Work-Charged and Casual Employees and Revision of Pay/Wages. On due consideration of the Report of Work-Charged and Casual Employees Commission and in compliance with the Judgment and order of Hon’ble High Court, the Governor Of Nagaland is pleased to introduce the following schemes for regularization and absorption of Work- Charged and Casual employees and revision of their pay and wages subject to conditions indicated here under: 1. On due consideration of the Report of Work-Charged and Casual Employees Commission and in compliance with the Judgment and order of Hon’ble High Court, the Governor Of Nagaland is pleased to introduce the following schemes for regularization and absorption of Work- Charged and Casual employees and revision of their pay and wages subject to conditions indicated here under: 1. Regularization in service: (i) All existing work-charged and casual employees of various Departments who are enjoying scale pay and who have completed 30 (thirty) years or more continuous service as on 01.01.2015 will be regularized by conversion of their posts into regular ones personal to them and subject to fulfillment of conditions as indicated below: (a) The incumbent concerned and his/her service rendered as work- charged/casual employee have been duly verified and found genuine by the District Level Verification Committee constituted by the Government (b) Availability of service records including appointment order, date of initial appointment, proof of length of service/age etc. (c) Their suitability for continuation in service to be recommended by the Heads of Department concerned. (d) The post occupied by them on regularization shall automatically stand abolished as and when they vacate the post on retirement, resignation, death etc. The strength of work-charged and casual employees under various Departments shall stand reduced by equal number concurrently with the regularization of such employees. No fresh appointment shall be made against these posts. (e) On regularization in service, the pay of the incumbent shall be fixed at the minimum of the corresponding Pay Band and Grade Pay as admissible under Rule 10 of Nagaland Service ROP Rules, 2010. (f) The past service rendered as work-charged/casual employees shall be counted towards length of service for the purpose of Nagaland Retirement from Public Employment Act, 2009 and as qualifying service for the purpose of pension. (g) This scheme shall, however, not be applicable to the part time Casual employees, Village Guards, Home Guards, ICDS workers, other CSS paid employees whose services are guided by specific terms and conditions laid down by the Government and some other categories of contingency employee like personal peons, part time sweepers/chowkidars/seasonal workers etc. (h) The period of service rendered as work-charged/casual employees shall not be counted for the purpose of MACP. (ii) In respect of those work-charged and casual employees. (h) The period of service rendered as work-charged/casual employees shall not be counted for the purpose of MACP. (ii) In respect of those work-charged and casual employees. In scale pay and who have completed or will complete 30 (thirty) years of continuous service after 01.01.2015, their cases for regularization will be taken up subsequently in two batches as on 1 st July and 1 st January every year. The procedures and terms and conditions will be the same as laid down in this O.M. (iii) The existing scheme for regularization of work-charged employees against normal vacancy is being modified and the quota for work-charged employees stand enhanced from 50% to 67% for the next 5 (five) years effective form 01.01.2015. This existing scheme will also be applicable for the casual employees appointed on full time basis. 2. Revision of Pay/Wages of Work-Charged employees. (i) The pay scale of all work-charged employees who are presently drawing scale pay as per ROP, 1993 and who shall continue as work- charged employees shall be revised as under with effect from 01.01.2015, subject to conditions indicated below: (a) There shall be two different Pay bands and eight different Grades of Pay against the existing pay scales as indicated in the Table below: 01.01.2015 shall be multiplied by 3.2 to arrive at the basic pay in the Pay Band indicated above. The amount arrived at shall be rounded to next multiple of Rs. 10/-. To the figure as worked out, the amount of Grade Pay corresponding to the pay scale in the pre-revised scale as prescribed in the table above shall be added. This will be the revised pay of the incumbent concerned. (c) Besides the revised pay worked out in (b) above, House Rent Allowance @ 10% of the revised basic pay in the Pay Band (without Grade Pay) shall be admissible to those who are not provided with government accommodation, subject to admissibility under normal rules. (d) Medical Allowance shall be admissible at a flat rate of Rs. 300/- P.M. (e) No other allowances like DA/ADA etc shall be admissible. (f) Annual Increments: Annual increments shall be admissible @ 3% on the revised pay in the Pay Band including Grade Pay on the 1 st January each year provided the incumbent concerned have been in the revised pay for a period of at least 6(six) months as on 1 st of January. (f) Annual Increments: Annual increments shall be admissible @ 3% on the revised pay in the Pay Band including Grade Pay on the 1 st January each year provided the incumbent concerned have been in the revised pay for a period of at least 6(six) months as on 1 st of January. (g) MACP scheme shall not be applicable to the work-charged and casual employees. (ii) Revision of Rates of Wages of Fixed Paid Work-Charged and Casual/Contingency Employees: The rates of wages of fixed paid work- charged and casual /contingency employees are revised as under with effect from 01.01.2015: The above rates shall be applicable to those fixed paid work- charged and casual/contingency employees who are appointed on full time basis. (iii) The revision of pay scale/wages indicated above shall be admissible only to those work-charged/casual contingency employees who are verified and found to be genuine by the District Level Verification Committee. (iv) This revision of wages shall also not be applicable to the Village Guards, Home Guards, ICDS works, other CSS paid employees whose services are guided by specific terms and conditions laid down by the Government. 3. Conditions for implementation of the Scheme of Regularization and Revision of Pay: (i) Each Department shall prepare detailed list of all such work-charged and casual employees enjoying scale pay who have completed 30 (thirty) years or more service as on 01.01.2015 and whose cases are proposed for regularization indicating name, designation, date of birth, date of entry into service, date of retirement, pay scale and existing total emoluments, pay scale admissible on regularization, total emoluments after regularization and additional financial implication. (ii)The list be certified by the District Level Verification Committee to the effect that the incumbents included in the list are verified and found genuine. (iii) Formal proposal for conversion of posts into regular ones to accommodate the employees proposed for regularization shall be submitted by the concerned Department first to P&AR and then to Finance for clearance and concurrence. After obtaining P&AR and Finance clearance the Departments concerned shall take up the proposal with the Cabinet for approval. Only after obtaining Cabinet approval necessary notifications for regularization in service shall be issued. (iv) Before releasing the revised pay scales for the regularized employees, the pay fixation statement shall have to be checked by the Accounts Officer of the concerned Department. Only after obtaining Cabinet approval necessary notifications for regularization in service shall be issued. (iv) Before releasing the revised pay scales for the regularized employees, the pay fixation statement shall have to be checked by the Accounts Officer of the concerned Department. (v) The pay fixation statement and arrear salary statement in respect of all the scale pay work-charged employees whose pay has been revised under the scheme shall be pre-audited by the Accounts officer of the concerned Department. In cases where there is no Accounts Officer, the Directorate of Treasuries & Accounts shall carry out the pre-audit. No bills in this regard shall be entertained in the Treasury unless the same is pre-audited as indicated above. 4. With the implementation of this scheme there shall be a complete ban on appointment of work-charged/casual employees under the State Government. 5. This issue with the concurrence of the Finance Department vide RFC No 26/31 dated 17/03/2015 and approval of the Cabinet conveyed vide letter No. CAB-2/2013 dated 02/03/2015. Sd/- PANKAJ KUMAR Chief Secretary to the Government of Nagaland.” 10. A bare reading of the scheme shows, inter alia, that existing Work-Charged and Casual Employees of various Departments who are enjoying scale pay and who had completed 30 (thirty) years or more of continuous service as on 01.01.2015 shall be regularized by conversion of their posts into regular ones personal to them, subject to fulfillment of certain conditions. The scheme further provides that in respect of those Work-Charged and Casual Employees in scale pay who have completed or will complete 30 (thirty) years of continuous service after 01.01.2015, their cases for regularization shall be taken st st up subsequently in two batches every year, on 1 July and 1 January, following the same procedures and terms and conditions as applicable to employees who had completed 30 years or more of continuous service as on 01.01.2015. 11. The petitioner was released from service in year 2023 without regularization, despite having completed 35 years of continuous service. Although he had not completed 30 years of service as on 01.01.2015, when the scheme was formulated, Clause 1(ii) of the Office Memorandum provides for regularization of Work-Charged and Casual Employees in scale pay who have completed or will complete 30 years of continuous service after 01.01.2015, with such cases to st st be considered in two batches every year, on 1 July and 1 January. The respondent authorities ought to have considered and regularized the service of the petitioner before he attains the age of superannuation, as he had completed 30 years prior to retirement. Thus, the petitioner is entitled to be considered for regularization of his service in terms of the scheme under the Office Memorandum dated 17.03.2015. 12. Since the petitioner was entitled to be regularized in his service in terms of the above scheme and the respondent authorities having failed to consider his case during the currency of his service, the case of the petitioner deserves to be considered by the respondent authorities even after his retirement from service, or else it would result in a sheer deprivation of his right to avail the service benefits, including the pensionary benefits, which may be applicable in terms of the relevant Rules. 13. In view of the aforesaid discussion, I am of the considered view that the petitioner is entitled to be considered for regularization of his service as a Work-Charged Tracer in terms of the scheme of the State, particularly the Office Memorandum dated 17.03.2015. Accordingly, the respondent authorities are directed to consider the case of the petitioner for regularization of his service in accordance with the said Office Memorandum. Since the State respondents are already in the process of considering the case of the petitioner, it is directed that the above exercise directed to be undertaken, be completed within a period of five (5) months from the date of receipt of the certified copy of this order. 14. It is needless to observe that the petitioner shall be granted all service benefits, including pensionary benefits, in accordance with the applicable Rules. 15. Writ petition stands allowed and disposed of, accordingly. JUDGE Comparing Assistant