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2010 Supreme(Gau) 752

C.R.SARMA
Nagaland Pwd Field Workers Association – Appellant
Versus
State of Nagaland & Ors. – Respondent


Advocates Appeared:
Advocates appeared for the Petitioner:Mr.C.T.Jamir, Mr.Wati Jamir.Mr.N.Lkr, Mr.Wati Walling, Mr.Akum Jamir & Mr.Imkong Jamir, Advocates appeared Respondents: Ms.Y.Longkumer, Addl.G.A.& Mr.T.B.Jamir

C.R. Sarma, J.;-

Heard Mr. C.T. Jamir, learned counsel appearing for the petitioner. Also heard Ms. Y. Longkumer, learned Addl. Govt. Advocate appearing for the State-respondents and Mr. T. B. Jamir, learned CGC, appearing for the respondent No. 7.

2. The factual matrix, leading to the filing of this writ petition, may, in brief, be stated as follows:-

The petitioner is a registered Association of Field Workers under the Public Works Department, consisting of Grade-Ill and Grade-IV employees. The members of the petitioner-organisation, are aggrieved by the order, issued by the Government, directing re-fixation of their pay and recovery of excess amount, already paid to them as salary. The members of the petitioner-organisation (hereinafter called 'the petitioners'), having working as work charged employees till their regularization w.e.f. 01.06.1998. The Nagaland Services (Revision of Pay) Rules, 1999 (hereinafter called 'ROF Rules, 1999), came into effect from 01.06.1998. As per Rule 2(b)(1) of the ROP Rules. 1999, issued vide Notification, dated 8th October, 1999, it was made clear that the benefit extended by the said ROP Rules, 1999, shall not apply to all categories of work-charg














































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