JUDGMENT

Sudhanshu Dhulia, J. - Heard Mr. K. N. Choudhury, learned senior counsel for the writ appellant and Mr. D. K. Mishra, learned senior counsel for the private respondents (writ petitioners)as well as Ms. Ajungla Aier, learned Additional Senior Government Advocate, Nagaland, appearing for respondent nos. 1 to 8.

2. This Full Bench has been constituted on a reference made before it by a Division Bench of this Court by an order dated 10.02.2021 while hearing WA 198/2019 (Smt. Asangla T. Aier vs. Smti. Thungdeno Mozhuin & Others). The matter referred is as follows:

"Whether the definition of "Public Employment', referred above would necessarily mean that a person has worked on a post which was pensionable or will include contractual/ad-hoc service as well, which are non-pensionable."

3. Apart from giving our finding on the question referred to us, the Full Bench has also been called upon to decide WA 198/2019 on its merits. Hence we begin by giving a short background of the case.

4. In the State of Nagaland retirement from public employment is done under a statute, known as the Nagaland Retirement From Public Employment Act, 1991 (hereinafter referred to as "the Act"), where the def