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2024 Supreme(Gau) 102

ROBIN PHUKAN, BUDI HABUNG
State Of Nagaland – Appellant
Versus
Angphei Konyak, S/o Henka Konyak – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ms. V. Suokhrie, Addl. Advocate General, Nagaland
For the Respondent: Mr. Sentiyanger

JUDGMENT :

Robin Phukan, J.

Heard Ms. V. Suokhrie, learned Additional Advocate General, Nagaland for the appellants and Mr. Sentiyanger, learned Counsel for the sole respondent.

2. This intra-court appeal, under Chapter VA, Rule 2 of the Gauhati High Court Rules, is preferred by the State of Nagaland and two others, challenging the judgment and order dated 11.04.2022, passed by the learned Single Judge, in W.P.[C] No. 21/2021.

3. It to be noted here that vide judgment and order dated 11.04.2022, learned Single Judge has directed the appellants/respondents to regularize the service of the sole respondent, namely, Shri Angphei Konyak, within a period of 4 [four] months from the date of receipt of the order for pensionary benefits.

4. The background fact leading to filing of this petition is adumbrated herein below:-

    “The petitioner was appointed as work charge employee on 31.08.1984, in the department of Public Health Engineering, Government of Nagaland. Thereafter, vide order dated 03.09.2019, the petitioner was released from his service w.e.f. 30.09.2019, on completion of 35 years of service. While he was in service, he had filed one representation on 07.09.2015, for up-gradation of his

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