Page No.# 1/8 GAHC020002592026 2026:GAU-NL:302 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/58/2026 SHRI H. PANGNYEI K S/O LATE SHRI HONGKHAM K, PERMANENT RESIDENCE OF SHEANGHAH, CHINGNYU, MON, NAGALAND - 798621 VERSUS THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND, KOHIMA, NAGALAND. 2:THE ENGINEER-IN-CHIEF NPWD NAGALAND KOHIMA 3:THE CHIEF ENGINEER PWD (R AND B) NAGALAND KOHIMA 4:THE EXECUTIVE ENGINEER PWD (R AND B) MON DIVISION MON NAGALAN Page No.# 2/8 BEFORE HON’BLE MR. JUSTICE DEVASHIS BARUAH For the Petitioner(s) : Mr. Sentiyanger, Advocate For the Respondent(s) : Ms. S. Chang, Government Advocate · Date on which Judgment was reserved : N/A · Date of Pronouncement of Judgment : 26.05.2026 · Whether the pronouncement is of the Operative Part of the Judgment : No · Whether the full Judgment has been Pronounced : Yes JUDGMENT AND ORDER (ORAL) Heard Mr. Sentiyanger, the learned counsel appearing on behalf of the Petitioner and Ms. S. Chang, the learned Government Advocate appearing on behalf of the Respondents. 2. The Petitioner herein has approached this Court being aggrieved by the inaction on the part of the Respondent Authorities in non-consideration of the case of the Petitioner as per the Office Memorandum dated 05.03.2025 as well as not regularizing the services of the Petitioner in terms with the Office Memorandum dated 17.03.2015. Page No.# 3/8 3. The case of the Petitioner herein is that the Petitioner was appointed on 21.07.1991 as Work-Charged Labour in the Office of the Sub-Divisional Officer (PWD), Phomching Sub- Division and was issued a Work Charged Identity Card being Code No. MON/0052. 4. The Petitioner is supposed to retire in the month of July, 2026 upon completion of 35 years which is the mandate as per the Nagaland Retirement from Public Employment Act, 1991 as amended in the year 2009. It is seen that though the Petitioner has not been granted the scale of pay all these while, an Office Memorandum was issued on 05.03.2025 whereby all Work Charged and Casual employees in all Departments whose names have been duly verified by the District Level Verification Committee and registered in PIMS receiving fixed pay shall be granted scale of pay as per the Revision of Pay, 2015 w.e.f. 01.04.2025. Under such circumstances, as the Petitioner was on a fixed pay, the Petitioner claims that he would be entitled to the scale of pay w.e.f. 01.04.2025 vide the Office Memorandum dated 05.03.2025. 5. The Respondent Authorities did not consider the Page No.# 4/8 entitlement of the Petitioner in terms with the Office Memorandum dated 05.03.2025 and having rendered more than 30 years of service, the Petitioner was entitled to be regularized in terms with the Office Memorandum dated 17.03.2015. It is under such circumstances, the Petitioner submitted a representation on 13.11.2025 and the same having not been considered, the Petitioner had approached this Court by filing the present writ petition. 6. The record reveals that pursuant to the filing of the present writ petition on 22.04.2026, notice was issued by this Court on 27.04.2026. In pursuance thereto, the Engineer-in- Chief, NPWD, Nagaland, Kohima had issued a communication to the Petitioner on 14.05.2026 to the effect that the Petitioner’s case is under consideration and the Petitioner has been asked to submit certain documents. The said communication is kept on record and marked with the letter “X”. The contents of the said communication are also relevant and as such, the same are reproduced herein under: “GOVERNMENT OF NAGALAND OFFICE OF THE ENGINEER-IN-CHIEF, NPWD NAGALAND :: KOHIMA No.CON/ENC/LEGAL-09/2026-27/177 Dated Kohima the 14th May, 2026 Page No.# 5/8 To Shri. H. Pnagnyei K W/C labour O/o the Executive Engineer, PWD(R&B), Mon, Mon Division, Nagaland. C/o Shri. Nocklei M. Konyak. Advocate Gauhati High Court, Kohima Bench, Nagaland : Kohima Sub:- WP(C) NO.58/2026/Shri. H. Pangnyei K -vs- The State of Nagaland & 3 Ors. In reference to the above mentioned subject and in compliance to the order passed by the Hon’ble High Court dated 27.05.2026, the undersigned would like to state herein that as per the clause 1 (ii) of the O.M dated 17.03.2015 the cases of those W/C Scale Pay Employees who have completed 30 (thirty) years of continuous service having the requisite documents are taken up in 2 (two) batches as on January and July every year. You still need to submit your initial appointment order, photo copy of service book (1st and 2nd page, color print), IPS (Initial Pay Statement) and DLVC List (District Level Verification List), Birth Certificate and Aadhar Card has not been submitted by the concerned Division. Only after examining all the requisite documents, if you are found to be eligible for regularization, your case will be taken up for consideration. In light of the above, you are strictly directed to submit all the necessary required documents to the concerned Office before the month of June 2026 without fail. Page No.# 6/8 (ER. K. IMNAJUNGBA JAMIR) Engineer-in-Chief, NPWD Nagaland, Kohima Dated Kohima the 14th May, 2026” 7. From a perusal of the document which has been quoted hereinabove, it is apparent that the Respondent Authorities are now taking up the matter of the Petitioner for regularization and had asked the Petitioner to submit certain documents. 8. Mr. Sentiyanger, the learned counsel appearing on behalf of the Petitioner submitted that the Petitioner is taking steps to submit those documents. 9. Considering the above, it is the opinion of this Court that keeping the instant proceedings pending would serve no purpose. 10. Accordingly, the instant writ petition stands disposed of with the following observations and directions: (i) The Respondent Authorities are directed to consider Page No.# 7/8 the case of the Petitioner in terms with the Office Memorandum dated 17.03.2015. (ii) It is seen from the communication dated 14.05.2026, the contents of which have been quoted hereinabove, that the Respondent Authorities are taking active steps for consideration of the case of the Petitioner for regularization. The said exercise initiated be brought to a logical conclusion in terms with the Office Memorandum dated 17.03.2015 read with the Office Memorandum dated 05.03.2025. (iii) This Court observes and directs that upon regularization being granted, the regularization would be effective from the date when the Petitioner qualifies to be regularized as per the Office Memorandum dated 17.03.2015 i.e. completion of 30 (thirty) years of service and in the scale of pay. For the sake of clarity, this Court observes that in terms with the Office Memorandum dated 05.03.2025, the Petitioner if satisfies the requirement set out in the Office Memorandum Page No.# 8/8 dated 05.03.2025, the Petitioner would be entitled to the scale of pay w.e.f. 01.04.2025. (iv) The Petitioner is granted the liberty to again approach this Court in the circumstance, the Respondent Authorities rejects the claim of the Petitioner for regularization. JUDGE Comparing Assistant