IMPORTANT POINT
The court does not have the power to direct regularization and/or absorption in service unless the recruitment itself was made regularly and in terms of the constitutional scheme. The petitioner failed to satisfy the eligibility criteria for regularization as per the scheme formulated by the Government, and the petition was filed after about 6 years after the petitioner's retirement, therefore, no direction can be issued at this stage to regularize the work-charged service of the petitioner.

JUDGMENT :

KAKHETO SEMA, J.

1. Heard Ms. V. Therie, learned counsel for the petitioner and Mr. E. Thiba Phom, learned Government Advocate for the State/respondent.

2. The present writ petition has been filed to quash and set aside the letter dated 06/10/2021 written by the Chief Engineer, PHED, Sanitation & WSSO, Nagaland, Kohima rejecting the representation submitted by the petitioner for regularization in service and further for a direction to retrospectively regularized the work-charged service of the petitioner as work-charged jugali under the Office of the Executive Engineer (PHED), Phek Division, Nagaland, for entitlement of pension and pensionary benefits.

3. That by Office order dated 23/06/1983 issued by the Executive Engineer, PHE, Phek Division, the petitioner was appointed as W/C scale Khalasi in the scale of pay Rs. 190-3-226-4-250/- PM against the work R/N of W/S at Meluri Lotan Village w.e.f. from the date of joining the post. The appointment was made purely on temporary basis liable to be terminated at any time without any further notice.

4. That by the Office order dated 30/07/1988 issued by the Executive Engineer, PHE, Phek Division, the petitioner was promoted to skill labour at Rs. 18/- per day i.e. Rs. 540/- p.m. w.e.f. 21/07/1988. The promotion was made purely on temporary basis liable to be terminated at any time without notice.

5. That thereafter by the Office order dated 20/11/2007 issued by the Office of the Chief Engineer, PHED, Nagaland, Kohima, the petitioner service as work-charged labour was upgraded to W/C Jugali in the scale of Rs. 800-18-890-20-1050-25-1475/- PM (fixed). The up-gradation of the post was made on temporary basis subject to reversion/termination without notice.

6. That the petitioner was released from service on 31/03/2014 on attaining the age of superannuation.

7. That on 20/12/2021 as well as on 26/04/2021, the petitioner submitted representation to the department for regularization of service, by giving effect to the Office Memorandum dated 17/03/2015 issued by the Government, for claiming pension and pensionary benefits. However, the same was not considered by the department.

8. The petitioner being aggrieved approached this Court by filing W.P. (C) No. 105/2021, which was disposed by the order dated 22/07/2021, with a direction to the State respondents to consider the regularization of the petitioner’s service in terms of the O.M. issued by the Government within a period of 3(three) months so as to enable the petitioner to enjoy the pension and pensionary benefits.

9. That in terms of the order dated 22/07/2021 passed by this Court, the case of the petitioner for regularization in service was considered by the department and consequent to which the petitioner was served with the letter dated 06/10/2021 inter-alia conveying that as the petitioner has retired from service w.e.f. 31/03/2014 on attaining 60(sixty) years of age, the case of the petitioner cannot be considered under the O.M. dated 15/03/2015 issued by the Government. It was further conveyed that as per the service book, the date of birth of the petitioner has been entered as 04/03/1954 and accordingly, the petitioner was released from service on 31/03/2014 on attaining the age of superannuation.

10. The letter dated 06/10/2021 issued by the department rejecting the representation submitted by the petitioner for regularization in service is impugned in the present writ petition.

11. Ms. V. Annie Therie, the learned counsel for the petitioner, at the outset refers to the letter dated 27/08/2014 written by the Addl. Chief Engineer, PHED, Nagaland, Kohima to the Executive Engineer, PHED, Phek Division in which it has been clarified that the retirement of the petitioner as per the office record is on 31/07/2018, on completion of 35 years of service. The learned counsel accordingly submits that the petitioner has been prematurely retired from service on 31/03/2014 instead of 31/07/2018.

12. It is submitted that the Government of Nag