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2023 Supreme(Gau) 1200

MRIDUL KUMAR KALITA
Hevishe Sema – Appellant
Versus
State Of Nagaland, Through The Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Moa Jamir, Advocate
For the Respondent:Mr. E. Thiba Phom, Sr. Govt. Advocate, Nagaland

JUDGMENT :

1. Heard Mr. Moa Jamir, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Senior Government Advocate, Nagaland.

2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Shri Hevishe Sema, being aggrieved by the Letter No. CNJ/MISC/2021/141 dated 06.05.2022 issued by the Respondent No. 3 of the instant writ petition to the present petitioner whereby the petitioner's prayer for grant of Scale of Pay in terms of latest Revision of Pay i.e. ROP 2017 was rejected. The petitioner has prayed for quashing and setting aside the impugned Letter No. CNJ/MISC/2021/141 dated 06.05.2022 and directing the respondents to pay to him the minimum pay scale in terms of latest Revision of Pay adopted from time to time along with accumulated arrears.

3. The facts relevant for consideration of the instant writ petition, in brief, are as follows:-

    (i) That the petitioner was appointed temporarily to the post of Sweeper by Office Order No. EST-3/2003-04/366-72 dated 05.07.2003, issued by the Additional Deputy Commissioner, Kiphire in the Scale of Pay of Rs. 800-18-890-20-1050-25-1475 per month plus all other allowances as

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