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IN THE HIGH COURT OF GAUHATI AT KOHIMA BENCH
N. KOTISWAR SINGH, J.
Benjongtoshi and Ors - Appellant
Versus
State of Nagaland and Ors - Respondent
W.P.(C) No. 260(K) of 2018
Decided On : 02-04-2019
Public Employment Act, 1991 – Section 2(1), Section 3(1) – Public Employment (2nd Amendment) Act, 2009 – CCS (Pension) Rules – Rule 13 – Liability – Impugned order – Statutory Regulations – Office Memoranda – Principles of Natural Justice – Plea of violation – Core issue involved in this petition is whether petitioners had rendered 35 years of service under State Government of Nagaland, which necessitated issuance of impugned order, by which State government released petitioners from service on stated completion of 35 years of service – Order also provided that period till date of issuance, during which period petitioners had rendered service shall be regularized and condoned subject to approval of Cabinet – However, said period will not be treated for purpose of enjoying pension though no recovery will be made of salaries already enjoyed by petitioners – Held, However, while disposing petition, this Court would direct respondent authorities that period of overstay in service from 01.03.2018 till 07.12.2018 shall be regularized and condoned as it was not fault of petitioners for aforesaid overstay in service, and other conditions as mentioned in impugned order dated 07.12.2018 be also implemented – As regards allegation of petitioners that official respondents acted with mala fide while issuing aforesaid release order and that it was done to facilitate junior officers to officiate in higher posts, same cannot be accepted for reason that no such materials are forthcoming in records – Further, merely because some junior officers get benefit out of release of petitioners from service, no motive can be imputed, if said action of State was as a result of application of any statutory provision – Petition is Dismissed
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 made by the State Government that the petitioners completed 35 (thirty five) years on 28.2.2018 is patently wrong as they were appointed w.e.f. 30.4.1984 in terms of the order dated 17.4.2012, in which event, they would complete 35 (thirty five) years of service under the State Government on 30.8.2019. However, by the impugned release order, they have been prematurely released from service, thus prejudicially affecting their right to continue in service.
4. Before we delve into this contentious issue, it would be apposite to refer to certain undisputed facts, though the effect, scope of such factual positions may be differently interpreted by the contesting parties.
5. The petitioners state that the petitioners underwent Diploma in Civil Engineering from Khelhoshe Polytechnic, Atoizu.
The aforesaid Course consists of 3 (three) years of academic studies followed by 6 (six) months of practical training, on completion of which, the Diploma Certificate would be awarded to those undergoing the said Course.
6. It is the case of the petitioners that after the petitioners had completed 3 (three) years of academic studies, but before they underwent 6 (six) months of training Course, they were appointed by the State Government to the posts of Computer Grade II vide order dated 11.02.1983 in the pay-scale of Rs. 300-13-365-EB-14-505-EB-15-530/- P.M.
Since, the scope and effect of this appointment order would have a bearing on the claims made by the contesting parties, the said order is reproduced hereinbelow.
"Government of Nagaland
Office of the Superintending Engineer
Nagaland: Kohima
Office Order
No. SE/PHE/EST/6
Dt. Kohima the 11th Feb'83
The following persons are hereby appointed as Computer Grade II in the scale of pay Rs. 300-13-365-EB-14-505-EB-530/- P.M. plus all other allowances as are admissible under rules from time to time to similar post within Nagaland with effect from the date of joining the post or the terms and conditions mentioned thereunder:
1. The appointment is purely temporary and may be terminated without any notice.
2. The appointment carried with it the liability to serve in any part of Nagaland.
3. The appointment is subject to production of fitness from the competent medical authority.
4. The appointment is subject to production of education and other technical qualification certificate.
In the interest of public service they are posted in the offices as mentioned against their names.
| Sl. | Name and Address | Place of Posting |
| 1. | Shri Benjongtoshi, S/O R. Ayangba | S.E’s Office Kohima |
| 2. | Shri Chujangmeren, S/O Tekewati | S.E’s Office Kohima |
| 3. | Mr. J. Imo Longkumar, S/o. Jongpongreba | E.E.’s Office, PHE Division Wokha |
| 4. | Shri L. Tongpang Longkumar C/o Shri T. Shillu Ao | E.E.’s Office, PHE D.V.O Office, Kohima |
| 5. | ||
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