IMPORTANT POINT
Legitimate expectation of employees for regularization, unjust denial of pensionary benefits, and applicability of judgments in similar cases.

JUDGMENT :

Heard Mr. Limawapang, learned counsel for the petitioner and Ms. S. Mere, learned Senior Government Advocate, Nagaland for all the respondents.

2. The petitioner was the wife of one Late Theyiechulie Angami. Vide an Order dated 01.08.1995, the Superintendent of Police [Wireless], Kohima, Nagaland appointed Theyiechulie Angami as Sweeper in the pay scale of Rs. 800/-– Rs. 1475/-per month plus all other allowances from time to time w.e.f. 01.08.1995 against an existing vacancy. As per the Order dated 01.08.1995, the appointment was on ad-hoc basis and would be terminated with one month notice if his performance was not found satisfactory. By the same Order, Theyiechulie Angami was posted at 1st NAP Bn., Chumukedima till further order. By an Order dated 01.09.2000 passed by the Deputy Inspector General of Police [Telecommunication], Nagaland, the ad-hoc service of Theyiechulie Angami was converted into temporary service w.e.f. 01.01.2000.

3. The case projected in this writ petition can be exposited as follows :-

3.1. While Theyiechulie Angami was in active service, the Inspector General of Police [Crime], Nagaland served a Show Cause Notice dated 27.11.2001 to 462 nos. of employees including Theyiechulie Angami, to show cause as to why their appointments should not be cancelled due to various illegalities/irregularities, mentioned therein. The petitioner’s husband, that is, Theyiechulie Angami was a member of the Nagaland Police Wireless Employees Association. Aggrieved by the Show Cause Notice dated 27.11.2001 served on its members, the Nagaland Police Wireless Employees Association taking up the cause of the noticees, being employees under the Nagaland Police Telecommunication Organisation [NPTO], preferred a writ petition, W.P.[C] no. 221[K]/2001 challenging the Show Cause Notice dated 27.11.2001. The writ petition, W.P.[C] no. 221[K]/2001 was, however, dismissed by a Judgment and Order dated 12.08.2003, with observation that it would not make any comment about consideration of the cases of the members of the petitioner Association by a Commission constituted for the purpose of regularization under the Nagaland Work-Charged and Casual Employees Act, 2001, which recommended retention of 391 employees and retrenchment of 71 employees.

3.2. Aggrieved by and dissatisfied with the Judgment and Order dated 12.08.2003, the petitioner, the Nagaland Police Wireless Employees Association carried the matter before the Division Bench by way of an intra-court appeal, Writ Appeal no. 371/2003 [Later on, renumbered as Write Appeal no. 15[K]/2007]. During the pendency of the Writ Appeal no. 15[K]/2007, the Department of Home decided to conduct fresh recruitment test among the alleged excess appointees. Aggrieved by such decision of the Department to hold fresh recruitment test, the Nagaland Police Wireless Employees Association had again preferred a writ petition, W.P.[C] no. 7463/2005 [renumbered, later on, as W.P.[C] no. 250[K]/2006]. The State respondents filed an affidavit in the writ petition, W.P. [C] no. 250[K]/2006 taking a stand that the number of members of the petitioner association were 417 and regularization of such 417 members at one go would be burdensome for the State respondents. A stand was taken to the effect that regularization could be considered only in phased manner.

3.3. On 17.11.2009, the writ petition, W.P.[C] no. 250[K]/2006 and the writ appeal, Writ Appeal no. 15[K]/2007 came up for consideration. The writ petition, W.P. [C] no. 250[K]/2006 was disposed of with a direction that the State respondents shall proceed in the manner indicated as per the stand taken in the affidavit-in-opposition, filed on 02.03.2009 therein. It needs iteration that in the said affidavit-in-opposition, the State respondents had taken a stand that the regularization of the members of the petitioner association, 417 in nos., could only be taken up in phased manner. In view of the Order passed on that day, that is, on 17.11.2009 in the