JUDGMENT :

KAKHETO SEMA, J.

1. Heard Mr. Moa Jamir, learned counsel for the petitioner and Ms. Sepong Chang, learned Government Advocate for the State respondents.

2. The present petition has been filed seeking for a direction to retrospectively regularize the work-charged service of the petitioner as Sectional Assistant in the office of the Sub-Divisional Officer, PWD, Tuensang, under the establishment of the Executive Engineer, (R&B), Tuensang Central Division, Nagaland, to entitle the petitioner for receiving pensionary benefits.

3. The case in brief is that vide order dated 01/07/1978, the petitioner was appointed as work-charged (w/c) Chowkidar in the scale pay of Rs. 140-3-226-4-250/- P.M. Thereafter, by the order dated 14/05/1985 issued by the respondent No. 5 i.e. Executive Engineer, PWD Central Division Tuensang, the petitioner was appointed/promoted as W/C Mahurrur under the establishment of the SDO, PWD, Tuensang in the scale pay of Rs. 425-9-542-12-615-EB-14-670-15-730/-P.M. plus inner line compensatory allowance of 25% of basic pay subject to maximum of Rs. 400/-P.M. and all other allowances as are admissible from time to time with effect from the date of joining the post. Further, by the order dated 02/04/1986, issued by the respondent No. 5, the petitioner was reappointed as W/C Sectional Assistant under the establishment of the SDO, PWD Tuensang in the same scale pay of Rs. 425-9-542-12-615-EB-14-670-15-730/-P.M. plus other allowances as are admissible from time to time with effect from the date of joining the post. Thereafter again, by the order dated 28/07/1986, issued by the respondent No. 5, the petitioner was transferred and posted under SDO, PWD Tuensang on the Hilepong-Chessore Road.

4. That the petitioner after serving as W/C Sectional Assistant for more than 18 years submitted a representation to the respondent No. 5 for regularization of his service. The respondent No. 5 accordingly by the letter dated 21/05/2003 forwarded the application of the petitioner to the respondent No. 4 i.e. the Chief Engineer PWD (R&B), Nagaland, Kohima, stating therein that the petitioner has been serving as W/C Sectional Assistant for more than 18 years and therefore, to favourably consider his regularization in service. The petitioner’s case for regularization in service was however not considered. Thereafter, again, after serving the department for about 34 years, the petitioner submitted another representation for regularization in service to the respondent No. 5 who in turn by the letter dated 10/09/2012 forwarded the application to the respondent No. 3, however, even the second representation for regularization did not evoke any response.

5. That by the order dated 02/07/2013, issued by the respondent No. 5, the petitioner was released from service on superannuation on completion of 35 years of service with effect from 30/06/2013.

6. That subsequent to the retirement of the petitioner from service, the petitioner on 28/10/2019 submitted the joint representation to the respondent No. 3, 4 & 5 for regularization of service post-retirement for availing pensionary benefits, however, the same was also not considered. The petitioner has therefore filed the present writ petition.

7. Mr. Moa Jamir, learned counsel for the petitioner submits that since the petitioner has rendered 35 years of continuous service, the State being a model employer should have considered the case of the petitioner for regularization in service. The learned counsel also submits that the petitioner’s regularization in service should have been considered under the scheme brought out in the O.M. dated 22/09/2004 which was holding the field during the relevant point of time. It is further submitted that similarly situated employees were considered for regularization in service and therefore, non consideration of the case of the petitioner for regularization in service under the O.M. dated 22/09/2004 is unfair and discriminatory. It is also submitted that the S