Page No. 1/10 2026:GAU-NL:349 THE GAUHATI HIGH COURT [THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH] KOHIMA BENCH W.P.[C]. No. 164/2025 Shri Temsushilu Jamir, Driver Grade-II, NPWD Nagaland, Kohma. ………………Petitioner -VERSUS- 1. The State of Nagaland represented by the Chief Secretary to the Government of Nagaland, Kohima. 2. The Commissioner & Secretary, Government of Nagaland, Works & Housing Department, Nagaland, Kohima. 3. The Commissioner & Secretary, Government of Nagaland, P&AR Department, Nagaland, Kohima. GAHC020005382025 Page No. 2/10 4. The Engineer-in-Chief, NPWD, Nagaland, Kohima. 5. The Chief Engineer, PWD [R&B], Nagaland, Kohima. ……………….Respondents BEFoRE HoN’BLE MR. JUSTICE MANISH CHoUDHURY Advocates : For the Petitioner : Mr. Moa Jamir, Advocate For the Respondents : Ms. Avitoli Ayemi, Government Advocate Date on which judgment is reserved : Not applicable Date of pronouncement of judgment : 09.06.2026 Whether the pronouncement is of the Operative part of the judgment ? : No Whether the full judgment has been Pronounced ? : Yes JUDGMENT & oRDER 1. Heard Mr. Moa Jamir, learned counsel for the petitioner; and Ms. A. Ayemi, learned Government Advocate, Nagaland for all the respondents. Page No. 3/10 2. By filing the present writ petition under Article 226 of the Constitution of India, the petitioner has sought for a direction to the respondent authorities to generate Personnel Information Management System [PIMS] Code in his name and thereafter, to release his pay and allowances from the date of his joining in service in the post of Driver in the Public Works Department, Government of Nagaland [NPWD] on 09.06.2023. 3. The background facts which have led the petitioner to institute the present writ petition can be exposited at first. 4. The Engineer-in-Chief, Nagaland Public Works Department [NPWD] [the respondent no. 4] published an Advertisement on 21.03.2023 inviting applications for filling up vacancies in 9 [nine] nos. of posts of Driver under the Public Works Department, Nagaland [NPWD]. As per the Advertisement, the minimum educational qualification required for the post of Driver was Class-VIII pass and the applicant should have minimum driving experience of five years. The Advertisement further mentioned that the same was issued as per approval of the Government of Nagaland accorded vide a Letter no. E-IN- C/ESTT-5/ADV/DRIVER/2023 dated 21.03.2023 and with clearance accorded by the Personnel & Administrative Reforms Department, Government of Nagaland vide U.O. no. 461 dated 21.12.2022 and the concurrence of the Finance Department, Government of Nagaland vide U.O. no. 64/56 dated 11.01.2023. The Advertisement was subsequently published in the English daily newspaper, ‘Eastern Mirror’ in its Issue dated 23.03.2023. 5. In response to the above Advertisement, the petitioner submitted his application. The application was processed and in acknowledgment that the application fulfilled the conditions of the Advertisement, an Admit Card was issued under the hand of the respondent no. 4 to the petitioner whereby he was directed to appear in a Driving Test scheduled at 09-30 a.m. on 09.05.2023. The petitioner was allotted Roll no. 119 for the said purpose. On Page No. 4/10 receipt of the Admit Card, the petitioner appeared for the Driving Test at the time, date and venue, mentioned in the Admit Card. 6. After completion of the selection process and upon recommendation of the Departmental Recruitment Board [DRB], the results of selection were published on 25.05.2023 under the hand of the respondent no. 4. In the results, the candidates having Roll nos. 218, 173, 122, 189, 175, 198, 146, 121 [B/T] and 210 [B/T] were declared as qualified on merit basis for appointment to the nine vacancies in the post of Driver in the NPWD. In addition, a waiting list of candidates bearing Roll nos. 119, 204, 212, 106, 123 [B/T] and 209 [B/T] were also published on 25.05.2023 along with the merit list. 7. Subsequent to declaration of the results on 25.05.2023, the petitioner came to be appointed in the post of Driver Grade-II in the NPWD by an Office Order dated 06.06.2023 issued under the hand of the respondent no. 4. In the Office Order, it was mentioned that the order of appointment was made upon recommendation of the DRB dated 14.10.2022 and approval of the Government accorded on 17.01.2023. By the Office Order, the petitioner was appointed as Driver Grade-II in Pay Level-3 of the Pay Matrix plus all other allowances as are admissible under the rules in force from time to time with effect from the date of joining in the post. The order of appointment further mentioned that the appointee would be on probation of two years and on completion of the probation period, he would be considered for service confirmation, subject to fulfillment of conditions prescribed in the service rules in force. On receipt of the Office Order, the petitioner joined in the post of Driver by submitting a Joining Report on 09.06.2023. The respondent no. 4 on 19.06.2023 wrote to the respondent no. 5 to inform that the order of appointment issued in favour of the petitioner had been authenticated and confirmed as genuine and the respondent no. 5 was thereby requested to Page No. 5/10 accept the Joining Report after observing all codal formalities. On joining of the petitioner in the post of Driver, the Service Book was also opened. 8. Though the petitioner joined on 09.06.2023 and his Service Book was opened, the petitioner did not receive his pay and allowances in terms of the Office Order dated 06.06.2023 for a period more than one year thereafter. As the respondent authorities did not release the pay and allowances for more than a period of one year, the petitioner submitted a Representation before the respondent nos. 3 & 4 for release of the pay and allowances to him. The Representation was duly received under acknowledgement by the offices of the respondents on 10.07.2023. 9. The petitioner has stated that he has been compelled to approach this Court by the present writ petition as despite receipt of the Representation on 10.07.2023, the respondent authorities did not take any discernible steps to redress the grievances of the petitioner regarding non-receipt of pay and allowances for more than one year. 10. It is of relevance to mention that the Personnel and Administrative Reforms Department, Government of Nagaland had introduced a system, ‘the Personnel Information Management System [PIMS]’ on and from 21.04.2016 for addressing the administrative requirements of managing its employees right from the date of their joining into the service till retirement. The PIMS contains information supplied by the Departments and the Personnel and Administrative Reforms Department enters entries in the PIMS database to generate a Unique Employee Code for each employee. In case of all appointments made after 01.04.2016, the concerned Appointing Authority/Department is required to forward a copy of the appointment order along with either post creation order or documents showing vacancy against retirement, resignation, death, etc., and to fill up the mandatory fields for generation of the Unique Employee Code for each employee. By a subsequent Page No. 6/10 Office Memorandum dated 04.03.2022, comprehensive instructions on the PIMS were issued by Personnel and Administrative Reforms Department. It was thereby mentioned that every head of Department shall ensure that all legitimate employees are registered in the PIMS to prevent any delay or inconvenience in salary disbursement and every entry to be made in the Service Book must also to be updated in the PIMS. It was reiterated that all mandatory fields were to be duly filled in correctly. 11. In the present writ petition, the State respondents have filed an affidavit-in- opposition on 25.03.2026. In the affidavit-in-opposition, it is mentioned that after the Advertisement dated 21.03.2023, the results were declared on 25.05.2023 wherein nine candidates were declared successful on merit basis and 6 [six] candidates were placed in the waiting list with the petitioner at Serial no. 1 in the waiting list. For the post of Driver Grade-II in the NPWD, clearance of the Personnel and Administrative Reforms Department and concurrence of Finance Department were necessary for Advertisement and recruitment through the DRB. It is mentioned that the petitioner was appointed as Driver Grade-II against an additional vacancy which was neither advertised nor had prior clearance of Personnel and Administrative Reforms Department, and concurrence of the Finance Department, and also, approval of the Government. The respondent no. 4, that is, the Engineer-in-Chief, NPWD vide Letter dated 01.06.2023 had sought for clearance against the additional vacancy which arose in a post of Driver in the meantime after declaration of the results, for appointment of the candidate at Serial no. 1 in the waiting list. In response to the Letter dated 01.06.2023, the NPWD vide a Letter dated 27.06.2023 had expressed its inability for appointment of a candidate from the waiting list against any additional vacancy in view of an Office Memorandum dated 24.03.2018 of the Personnel and Administrative Reforms Department. It was again communicated to the respondent no. 4 by the Department through a Letter dated 08.08.2023 to rectify the appointment Page No. 7/10 made in favour of the petitioner from the waiting list as the same was in violation of the Office Memorandum dated 24.03.2018. 12. It is, therefore, the stand of the State respondents that the petitioner came to be appointed by the Office Order dated 06.06.2023, after the Engineer-in- Chief, NPWD [the respondent no. 4] wrote to the Government of Nagaland for approval. But, the respondent no. 4 proceeded to offer appointment to the petitioner vide the Office Order dated 06.06.2023 without waiting for the approval from the Government. It is the stand of the Government that the approval mentioned in the Office Order dated 06.06.2023 was for issuance of Advertisement for filling up nine vacancies in the post of Driver and not for filling up the additional vacancy in the post of Driver wherein the petitioner came to be appointed on 06.06.2023. 13. It has been brought to notice of the Court that after filing of the writ petition, the respondent no. 4 kept the appointment of the petitioner made vide Office Order dated 06.06.2023 in abeyance with immediate effect, pursuant to a Government Letter dated 08.09.2025, by an Office Order dated 10.09.2025. The respondent no. 4 also issued a Notification on 10.09.2025, in pursuance of the Government Letter dated 08.09.2025, to constitute a Committee comprising of three members with Chief Engineer, PWD [R&B] [the respondent no. 5] as its Chairman. The Committee has been constituted to enquire into the irregular appointment of the petitioner in the post of Driver Grade-II against a vacancy which arose due to promotion of the earlier incumbent. By the Notification, the Committee has been asked to investigate into the matter and to submit the findings in a Report within a period of ten days from the issue of the Notification. 14. The present writ petition has been preferred by the petitioner seeking reliefs, already mentioned above. From the stand taken by the State respondents, it transpires that the State respondents are of the view that the appointment of Page No. 8/10 the petitioner made in a vacancy in the post of Driver Grade-II by the Office Order dated 06.06.2023 was an irregular appointment. It is clear that the reliefs sought for in this writ petition is dependent upon the issue of regularity or otherwise in respect of the appointment of the petitioner made in the said vacancy in the post of Driver Grade-II. If the appointment of the petitioner is found to be regular then his service particulars would be entered in the PIMS and the Unique Employee Code would be generated, and after such entry, the petitioner would be eligible to receive the pay and allowances in terms of the Office Order dated 06.06.2023. 15. It is the case of the petitioner that he participated in a selection process pursuant to an Advertisement and upon participation of the selection process, his name was at Serial no. 1 in the waiting list. It is the further case of the petitioner that he had the requisite qualification and the driving experience of five years to be appointed in the post of Driver Grade-II in the NPWD and no fault can be attributed to him to deny him the pay and allowances as he has been extending service duly after his appointment on 06.06.2023. The petitioner has canvassed that no one has challenged his order of appointment and in such view of the matter, the action on the part of the respondent authorities is arbitrary. It is the further case of the petitioner that he came to be appointed in a sanctioned vacancy which was available at the time of his appointment. It is submitted by the learned counsel for the petitioner that the petitioner has already become over-age and no opportunity would be now available to the petitioner to apply for any Government post. For any act or commission or omission on the part of the State respondents, he should not be made to suffer. 16. The Enquiry Committee constituted by the Notification dated 10.09.2025 has submitted its Report before the respondent no. 4 on 23.09.2025. On a query made by the Court to Ms. Ayemi, learned Government Advocate, Nagaland for the State respondents, Ms. Ayemi has submitted that further instructions have Page No. 9/10 not been received on the final decision taken after submission of the Report by the Committee before the respondent no. 4. Ms. Ayemi has submitted that having noticed irregularities in the process of appointment of the petitioner, a Show Cause Notice dated 19.05.2026 has also been issued to the incumbent who was holding the post of Engineer-in-Charge, NPWD at the time of the appointment of the petitioner on 06.06.2023 and the outcome in the matter of contemplated disciplinary action against the said person pursuant to the said Show Cause Notice is yet to reach any finality. 17. The Show Cause Notice dated 19.05.2026 has been issued pursuant to a decision taken in a Meeting held on 10.04.2026 under the Chairmanship of the respondent no. 2. In the Minutes of the said Meeting held on 10.04.2026, an observation is made to the effect that the noticee in the Show Cause Notice dated 19.05.2026 as the Engineer-in-Chief, NPWD without observing due process and without getting clearance/approval from the competent authority, had appointed the petitioner in the post of Driver Grade-II in the NPWD. 18. As the enquiry initiated on 10.09.2025 as regards the regularity or otherwise of the petitioner’s appointment is stated to have not reached a conclusion, this Court is of the view that in such obtaining fact situation, the direction sought for by the petitioner in this writ petition cannot be allowed at this stage, as the reliefs regarding entry of the petitioner’s service particulars in the PIMS and consequent release of pay and allowances would be dependent upon the outcome of the enquiry already initiated against him. 19. 19. Taking into consideration the entire facts and circumstances obtaining in the case, this writ petition is disposed of with a direction to the State respondents that if any final decision has already taken in the enquiry process initiated vide the Notification dated 10.09.2025, then the final decision is to be communicated to the petitioner within a period of two weeks from the date of Page No. 10/10 receipt of a certified copy of this Order from the petitioner at the office of the respondent no. 4. In the event no final decision has been taken in the enquiry process till date, the State respondents shall bring the enquiry process initiated vide Notification dated 10.09.2025 to a conclusion by taking a final decision, within a period of two months from the afore-mentioned date, by affording an opportunity of being heard to the petitioner. The matters relating to entry of the service particulars of the petitioner in the PIMS and release of pay and allowances to him would abide by the final decision taken upon completion of the enquiry. It is further observed that if the petitioner finds himself by such final decision taken after the enquiry, he would at liberty to take recourse to such remedy available under the law. 20. This order disposes of the writ petition. No cost. Sd/- JUDGE Comparing Assistant Ananta Konwar Digitally signed by Ananta Konwar Date: 2026.06.11 10:47:32 +05'30'