JUDGMENT :

1. This application, under Article 226 of the Constitution of India, is preferred by the petitioner, namely, Mr. Heshito Sema for issuing direction to the respondent authorities to regularize his service and also direct the respondent authorities to pay the scale of pay in terms of ROP-2010 and the ROP-2017 with arrears.

2. The factual background leading to filing of the present petition is briefly stated as under:-

“The petitioner was initially appointed as Work-Charged employee in the fixed pay @Rs.1200/- per month under the Establishment of Chief Town Planner, Town Planning Works Division, Kohima, Nagaland w.e.f. 01.12.1995, vide order, dated 15.12.1995, No. TPWD/Estt/W/C-95/100. Therafer, vide order, dated 28.03.1996, he was granted scale of pay @Rs.800-1475/- per month w.e.f. 01.04.1996 and posted as Jugali. Thereafter, he was transferred and attached to the office of the S.O. (TPWD, Dimapur). Since the early part of the year, 2017, he has been stationed at construction site of the integrated slum housing development programme at Burma camp and he continues to serve in the same capacity. Thereafter, the Nagaland Work-Charged and Casual Employees Regulation Act, 2007 has been enacted to deal with the service condition of the work-charge/casual/ temporary employees. Thereafter, on 17.03.2015, the respondent authorities have issued one Office Memorandum, dated 17.03.2015, wherein, it is prescribed that all work charge and casual employees receiving scale of pay are to be regularized upon completion of 30 years or more of continuous service as on 01.09.2015, subject to fulfillment of the condition prescribed therein and they are also to be provided with scale pay in relation to the post held. The petitioner, since, has been serving for the last 24 years and besides, doing the same work with his colleague, who are serving on regular basis and drawing gross salary of Rs.20,000/- per month, the petitioner has been drawing only 5,350/- p.m. and he was also not being allowed the scale of pay as provided in the ROP from time to time”.

3. The petitioner has submitted one representation on 09.04.2018 and 12.04.2018 for regularization of his service, but, the same has not been considered by the authorities.

4. Being aggrieved, the petitioner approached this Court by filing the present petition for issuing direction to the respondent authorities for regularization of his service and to grant scale of pay at par with his colleagues who are appointed on regular basis and drawing salary @ Rs.20,000/- per month.

5. The respondent authority has submitted affidavit-in-opposition denying the averments made in the petition. It is stated that the petitioner has not completed 30 years as per O.M., dated 17.03.2015 and he is at serial No. 3 in the seniority list in the category of post held by him. It is also stated that the Department has to regularize the service of those work-charge employee, who are senior to him and he is not entitle to the benefits of revision of pay with that of his colleagues who are appointed on regular basis as the nature of his appointment is different from that of his colleagues. It is also stated that the same scale of pay cannot be given to him and therefore, it is contended to dismiss the petition.

6. Heard Ms. Esther, learned counsel for the petitioner and also heard Mr. N. Angami, learned Govt. Advocate for the State respondents.

7. Ms. Esther, learned counsel for the petitioner submits that the petitioner has already completed 24 years in service and he is entitle to be regularized and also entitled to scale of pay and the pay scale granted in terms of ROP adopted by the Government from time to time. It is further submitted that though 30 years bench mark has been fixed in the O.M., dated 17.03.2015, yet, the scheme is general in nature and does not necessarily mean that a workcharge/ temporary employee must remain as work-charge/temporary employee for 30 years before regularization of his service, i