JUDGMENT :

Heard Ms. V. Therie, learned counsel for the petitioner. And also heard Ms. Pichano, learned Government Advocate for the State respondents.

2. This Writ Petition (C) No. 314/2021, under Article 226 of the Constitution of India is preferred by the petitioner, namely, Shri Yamchantsu, for issuing direction/order to the respondent authorities to regularize his service against the lowest scale of pay permissible for Grade-IV employees within the PHE Department, Government of Nagaland for pension and pensionary benefits.

3. The background facts, leading to filing of the present petition are adumbrated herein below:-

“The petitioner was appointed as work-charged skilled labour bearing Code No.PHK-0669 against the vacancy caused by Late Chupili W/C Skilled Labour under the establishment of S.D.O (PHE) Phek, Nagaland vide Order NO.SD/PK/2/89-90/314-46 dated 25-07-1989, without making any mention in the appointment order as to whether the petitioner was appointed on fixed pay or scale pay basis. Then W/C Identity Card was issued to him by the PHED bearing Code No.PHK.0669 wherein his date of 1st appointment is clearly entered as 25-07-1989.

Then after 29 years 8 months of his service,