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-charge employees, persons paid out of contingencies, persons employed on contract, except where the contract provides otherwise, persons re-employed in Govt. service after retirement and any other cases or category of persons whom the Governor may, by order, specifically exclude from the operation of all or any of the provisions contained in these rules. However, no such restriction was imposed by the earlier Rules relating to pay revision i.e. the Nagaland Services Rules (Revision of Pay) Rules, 1993, issued vide Notification, dated 25th November, 1993.

3. In view of the above, as the services of the petitioners were not regularized prior to 01.06.1998/2003, pursuant to the restriction imposed by ROP Rules, 1999 aforesaid, the petitioners were not entitled to get pay under the ROP Rules, 1999. In view of Rule 2(b)(1) of the ROP Rules, 1999, as the work-charged staff, whose services were regularized on or after 01.06.1998, were placed in a disadvantage position, causing loss in respect of their emoluments compared to the pre-revised emoluments, the Government vide Office Memorandum, dated 19.05.2003, issued by the Commissioner, Finance Department, allowed the work-charged employees, whose services were regularized on or after 01.06.1998, to retain the pre-revised pay scale at their option. It is worthy to mention here that despite the restriction aforesaid, the pay and allowances of the work charged employees i.e. the petitioners were fixed under the ROP Rules. 1999 and accordingly pay was given to them. After issuance of the said Notification, apprehending recovery of excess payment, due to wrong fixation of pay scale, some the members of the petitioner's-Association, filed writ petition being W. P. (C) No. 258(K) of 2007, seeking a direction to the Government, not to make any recovery/deduction in respect of the pensionary benefits or from any accounts of the employees. In the said writ petition, the learned Addl. Govt. Advocate, submitted that no impugned order was issued by the Government, directing recovery of any excess amount for any period and that in absence of any such order/notification, the petitioners, in the said writ petition, were not entitled to claim any relief. In view of the submission, this Court, vide judgment and order, dated 20.10.2008, dismissed the writ petition with the following observations:-

"However, since no impugned orders have been passed by the State Government nor the same has been challenged by the petitioners, in my considered opinion, this writ petition is pre­mature, and therefore, under the facts and circumstances stated above, this writ petition stands rejected."

4. After dismissal of the aforesaid writ petition, the Principal Secretary & Finance Commissioner, Govt. of Nagaland, by his letter, dated 20th November, 20