Page No.# 1/11 GAHC020005582025 2026:GAU-NL:261 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/172/2025 SHRI SUPONGNUNGBA PEON, NAGALAND COLLEGE OF TEACHERS EDUCATION, KOHIMA PRESENTLY ON ATTACHMENT AT DIMAPUR GOVT. COLLEGE. S/O LATE MEYANUKSHI, R/O INDESEN VILLAGE-797113, DIMAPUR NAGALAND VERSUS STATE OF NAGALAND AND 4 ORS THROUGH THE CHIEF SECRETARY, GOVT. OF NAGALAND, NAGALAND KOHIMA 2:THE COMMISSIONER AND SECRETARY GOVT. OF NAGALAND DEPT. OF HIGHER EDUCATION NAGALAND KOHIMA 3:THE DIRECTOR HIGHER EDUCATION DIRECTORATE OF HIGHER EDUCATION NAGALAND KOHIMA 4:THE PRINCIPAL NAGALAND COLLEGE OF TEACHERS EDUCATION NAGALAND KOHIMA 5:THE FINANCE COMMISSIONER GOVT. OF NAGALAND NAGALAND KOHIMA Page No.# 2/11 Advocate for the Petitioner : I. APOK PONGENER, RENBONI Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER 12/05/2026 Heard Mr. I. Apok Pongener, learned counsel for the petitioner. Also heard Mr. K. Angami, learned Senior Government Advocate appearing for the respondent authorities. 2. The petitioner in the present writ petition has prayed for a direction upon the respondent authorities to fix his pay and allowances in the scale of pay authorized to the post held by the petitioner, in terms of the provisions of The Nagaland Services (Revision of Pay) Rules, 2010 as well as The Nagaland Services (Revision of Pay) Rules, 2017 and to release to him the arrears so working out. 3. As projected in the writ petition, the petitioner was initially appointed as Driver in the establishment of the Principal, Dimapur College, Dimapur. Such appointment of the petitioner was for a period of 1(one) year. The petitioner on his appointment was also authorized a Scale of Pay of Rs.900-1760/- PM plus a special compensatory (Remote locality) allowance @ 15% of the basic pay and other allowances as authorized by the Government from time to time w.e.f., 01.12.1999. The petitioner was, thereafter, again appointed vide order dated 24.04.2002, to act as a driver in the Dimapur Collage, Dimapur and was authorized a Scale of Pay of Page No.# 3/11 Rs.2750-4400/- PM, along with other allowances as prescribed w.e.f., 13.03.2002. It is further projected in the writ petition that while the petitioner was continuing in his services in pursuance to the order of appointment dated 24.04.2002, the petitioner suffered a mild stroke and accordingly, on account of the problems suffered by him, he was not in a position to discharge his duties as a driver. Accordingly, the petitioner had approached the respondent authorities for accommodating his services against a lower post that is a post of Peon (Group-D). The said prayer of the petitioner was considered by the respondent authorities and vide order dated 01.07.2003, the petitioner came to be appointed against the post of peon, on his own request, against a existing vacancy in the Directorate of Higher and Technical Education, Nagaland. The petitioner was authorized a Scale of Pay of Rs.2550-3200/- PM and his pay was to be fixed in the said Scale of Pay at the stage equal to the stage in which he was drawing his salaries in the old post, if such stage existed. By the said order dated 01.07.2003, the petitioner on his appointment to the lower post of peon, was transferred, along with the post, to Nagaland College of Teacher Education, Kohima. The petitioner accepted the said appointment and joined the Nagaland College of Teacher Education, Kohima and was discharging his duties therein. The petitioner had subsequently submitted a representation dated 19.09.2008, for his transfer and posting to Dimapur Government Collage, on medical grounds. The said application of the petitioner was favorability considered by the authorities and the Director of Higher Education, Nagaland, vide order dated 26.09.2008 had directed for the transfer and attachment of the services of the petitioner at Dimapur Government Collage w.e.f, Page No.# 4/11 01.10.2008. It was further stipulated in the said order that the petitioner would continue to draw his salaries from the Nagaland Collage of Teacher Education, Kohima. 4. Thereafter, the Nagaland Services (Revision of Pay) Rules, 2010 was notified. However, the revised pay coming into being, with regard to the post held by the petitioner, was not authorized to the petitioner. Being aggrieved, the petitioner had approached the respondent authorities praying for authorizing to him the revised pay in term of the Revision of Pay Rules. The representations submitted by the petitioner were also forwarded to the Director Higher Education, Kohima, by the Principal Nagaland Collage of Teacher Education and in one of such forwarding, it was highlighted that the petitioner was appointed on regular basis as a driver and thereafter, reverted to the post of peon on his own request. The pay of the petitioner was also not fixed in the revised scale of pay coming into effect with regard to the post held by the petitioner, in terms of the Nagaland Service ( Revision of Pay) rules, 2017. The prayers made by the petitioner for fixation of his pay in the revised scale of pay coming into effect from time to time, not being favorably considered, the petitioner has instituted the present writ petition. 5. Mr. I. Apok Pongener, learned counsel for the petitioner by reiterating the facts noticed hereinabove, has submitted that the orders brought on record pertaining to the appointment as well as transfer and posting of the petitioner, would reveal that the petitioner was appointed initially against the post of driver and thereafter, vide order dated 01.07.2003, against a post of peon. It is submitted that the petitioner vide order dated Page No.# 5/11 01.07.2003, on his appointment against the post of peon, on his own request, in the establishment of the Directorate of Higher & Technical Education, Nagaland, was transferred and posted to the Nagaland Collage of Teacher Education, Kohima along with the post. It is submitted that the said order was thereafter, never modified by the respondent authorities. It is submitted by the learned counsel for the petitioner, that the said order dated 01.07.2003, would reveal that the petitioner’s appointment against the post of peon was against a vacant post available in the Directorate of Higher and Technical Education, Nagaland, and the posting of the petitioner to Nagaland Collage of Teacher Education, Kohima, was along with the post he was appointed against in the Directorate of Higher & Technical Education, Nagaland. The learned counsel for the petitioner has submitted that the pay of the post held by the petitioner, was also revised in pursuance to The Nagaland Services (Revision of Pay) Rules, 2010 and The Nagaland Services (Revision of Pay) Rules, 2017. However, the revised scale of pay coming into force was not authorized to the petitioner. It is submitted that the respondent authorities in the affidavit filed by them in the present matter had raised an issue that the petitioner was appointed on casual basis and accordingly, he would not be entitled to the revised scale of pay coming into force in pursuance to the Revision of Pay Rules, brought into effect from time to time. The learned counsel for the petitioner submits that the said contentions raised by the respondents is clearly perverse, inasmuchas, the petitioner was all along appointed against a vacant post, initially of a driver and subsequently that of a peon and his posting to the Nagaland Collage of Teacher Education, was along with the post of peon he was so appointed Page No.# 6/11 against. The learned counsel for the petitioner submits that the petitioner being authorized a scale of pay against the post held by him, the scale of pay of the post held by the petitioner having being revised, the benefits, thereof, must necessarily be authorized to the petitioner. 6. In the above premises, the learned counsel for the petitioner submitted that the respondent authorities be directed to fix the pay of the petitioner in the Revised Scale of Pay of the post of peon held by him in pursuance to “The Revision of Pay Rules, 2010” as well as “The Revision of Pay Rules, 2017” and to release to the petitioner the arrears thereof. 7. Per contra, Mr. K. Angami, learned Senior Government Advocate, appearing for the respondents have submitted that the petitioner status in the incumbency list of employees of the State Collage of Teacher Education, Kohima, (earlier Nagaland Collage of Teacher Education, Kohima) being reflected to be casual in nature and his appointment found to have been effected without the requisite administrative approval of the Government, it is highlighted that the petitioner’s appointment was against non-sanctioned post. It is further projected that the Revision of Pay Rules coming into force including the Revision of Pay Rules, 2010 as well as the Revision of Pay Rules, 2017, would be applicable only in respect of the regular employee of the Government and the same would not be applicable in case of the petitioner, inasmuchas, he was only casual employee in the establishment of the State Collage of Teacher Education, Kohima. Accordingly, it is submitted that the claim made by the petitioner in the present writ petition would not mandate acceptance by this Court. 8. I have heard the learned counsel for the parties and perused the Page No.# 7/11 materials available on record. 9. From the materials brought on record it is found that the petitioner vide order dated 11.01.2000, was appointed against the post of driver for a period of 1 (one) year and his such appointment however was so effected with the authorization of a scale of pay. The petitioner was, thereafter, again appointed as a Driver in the establishment of Dimapur Collage, Dimapur, along with the Scale of Pay vide an order dated 26.04.2002. The petitioner having made a request, on account of his inability to discharge the duties of driver, for a reversion to a lower post, the Director of Higher & Technical Education, Nagaland vide order dated 01.07.2003, had proceeded to appoint the petitioner to a lower post to act as peon, on his own request against a vacant post of peon available in the establishment and was also authorized a Scale of Pay, for the purpose. The petitioner was vide the same order transferred along with the post to Nagaland College of Teacher Education, Kohima. The said order dated 01.07.2003 being relevant is extracted herein below: - GOVERNMENT OF NAGALAND DIRECTORATE OF HIGHER & TECHNICAL EDUCATION NAGALAND: KOHIMA. ORDER NO.HTE/ADMN-A/1/02 Dt. Kohima, the July '03. Shri. Supongnungba, Driver is hereby appointed to a lower post (Grade) to act as peon on his own request in the existing vacancy under the establishment of Directorate of Higher & Technical Education, Nagaland, Kohima in the scale of pay of Rs.2550-55-2660-60-3200/- p.m. plus all other allowances as prescribed by the Government of Nagaland from time to time w.e.f. the date of his joining. His initial pay in the lower post will be fixed at the stage in the time scale of new post if any equal to Page No.# 8/11 his pay in the old post held on regular basis (FR-22) (I) (a) (2) & (3). In the interest of public service Shri. Supongnungba is hereby transferred along with the post and posts to Nagaland College of Teacher Education, Kohima. This order has been issued in accordance with the Government instruction for redeployment of surplus staff. The appointment is purely temporary subject to termination with and (1) month notice from wither side. (R. N. JAMIR) DIRECTOR 10. The petitioner thereafter, vide order dated 26.09.2008, was temporarily attached to the Dimapur Government College as peon therein, w.e.f. 01.10.2008.However, his pay and allowances was directed to be drawn from the post held by him in the Nagaland Collage of Teacher Education. The above facts brought on record reveal, that the petitioner was appointed against a vacant post available in the Directorate of Higher Education and the petitioner along with the said post was transferred and posted to Nagaland Collage of Teacher Education, Kohima. Accordingly, the petitioner is found to have been occupying a post within the sanctioned strength in the cadre of peon in Nagaland Collage of Teacher Education, Kohima. The petitioner since the date of his initial appointed was being authorized his pay and allowances, in Scale of Pay which was fixed as per the provision of the Revision of Pay Rules, holding the field at the relevant point of time, when the petitioner was so appointed. The subsequent revisions of pay coming into effect not being extended to the petitioner, he had approached the respondent authorities although belatedly however, the said application was not favorably considered. 11. The respondent in the present proceedings has projected that the petitioner being a Casual Employee would not be entitled to be extended Page No.# 9/11 with the revision of pay coming into being in terms of the provisions of the Revision of Pay Rules, 2010, as well as the Revision of Pay Rules, 2017. The manner in which the petitioner was appointed and continued with his services has been noticed, hereinabove, and the same would reveal that the petitioner was continued in his service against a sanctioned post and the orders issued in this connection to the petitioner has not been modified subsequently, and the petitioner continues to discharge his duties against a sanctioned vacant post, even as on date. The issue arising in the present writ petition is with regard to the non-authorization to the petitioner the benefits of the revised scale of pay in pursuance to The Nagaland Services (Revision of Pay) Rules, 2010 as well as The Nagaland Services (Revision of Pay) Rules, 2017, the petitioner having being appointed against a sanctioned vacant post and also authorized the scale of pay as was authorized to the said post, this Court is of the considered view that the petitioner would be entitled to draw his pay and allowances also in the revised scale of pay coming into force from time to time. The issue as to whether the employment of the petitioner is on regular basis and or casual basis would not be required to be gone into in the present writ petition in as much as the same is not an issue raised in the present proceedings. 12. The petitioner having being found to have been appointed against a regular vacant post initially as Driver and thereafter, as a Peon and a scale of pay being authorized to him, this Court is of the considered view that the petitioner is entitled to a revision of his pay in accordance with the Revision of Pay Rules coming into force from time to time in the State. Page No.# 10/11 13. In view of the above conclusions drawn by this Court, this Court directs the respondent authorities to fix the pay of the petitioner in the revised scale of pay of the post of Peon coming into effect in pursuance to The Nagaland Services (Revision of Pay) Rules, 2010, with effect from the date when the said rules were so made effective and thereafter, to fix the pay of the petitioner in the Revised Scale of Pay for the post of peon held by the petitioner, in pursuance to The Nagaland Services (Revision of Pay) Rules, 2017, also with effect from the date it was implemented. The pay of the petitioner having been now directed to the fixed in the revised scale of pay coming into force in pursuance to the Revision of Pay Rules of 2010 as well as the revision of pay rule 2017, the petitioner would now be entitled to the arrears thereof. However, considering the fact that the present writ petition was instituted by the petitioner before this Court only on 28.08.2025, following the decision of the Hon’ble Supreme Court in the case of Union of India Vs. Tarsem Singh reported in 2008 (8SCC 648), this Court directs that the arrears of pay receivable by the petitioner would be so, paid to the petitioner with effect from a date prior to 3 (three) years from the date of institution of the present writ petition; in other words, while the pay of the petitioner is to be fixed as on the date of coming into force of The Nagaland Services (Revision of Pay) Rules, 2010 and The Nagaland Services (Revision of Pay) Rules, 2020, the pay of the petitioner shall be notional computed till a date prior to 3 (three) years from the date of institution of the present writ petition, and he would be entitled to his arrears of pay only w.e.f, the date prior to 3 (three) years from the date of institution of the present writ petition. 14. The respondent authorities are directed to carry out the exercise now Page No.# 11/11 required to be so carried out for compliance of the directions passed hereinabove, forthwith, and to complete the same with the release to the petitioner, his arrears of pay as computed, within a period of 3 (three) months from the date of receipt of certified copy of this order. 15. With the observations and directions, the present writ petition stands disposed of. JUDGE Comparing Assistant