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2019 Supreme(Gau) 640

N.KOTISWAR SINGH
Benjongtoshi – Appellant
Versus
State of Nagaland – Respondent


Advocate Appeared:
For the Appellant :C.T. Jamir, Sr. Advocate, Wati Jamir, N. Longkumer, Imkong, Yalemsen, Chubatola and Nukshinaro, Advocates
For the Respondent: K. Sema, Sr. Addl. AG and Livika, GA

JUDGMENT :

N. KOTISWAR SINGH, J.

1. Heard Mr. C.T. Jamir, learned senior counsel for the petitioners. Also heard Mr. K. Sema, learned Sr. Addl. Advocate General, Nagaland assisted by Ms. Livika, learned Govt. Advocate for the State respondents.

2. The core issue involved in this petition is whether the petitioners had rendered 35 (thirty five) years of service under the State Government of Nagaland, which necessitated issuance of the impugned order dated 7.12.2018, by which the State government released the petitioners from service on stated completion of 35 (thirty five) years of service on 28.02.2018.

The order also provided that the period from 28.02.2018 till the date of issuance, i.e. 07.12.2018, during which period the petitioners had rendered service shall be regularized and condoned subject to approval of the Cabinet. However, the said period will not be treated for the purpose of enjoying pension though no recovery will be made of the salaries already enjoyed by the petitioners.

3. The objection raised by the petitioners in this petition is that the aforesaid calculation ma

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