Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Gau) 607

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN, J.
Shri Yamchantsu S/o Shri Rusetsu – Appellant
Versus
The State Of Nagaland – Respondents
WP(C) No. 314 of 2021
Decided on : 10-06-2024

Advocates:
Advocate Appeared:
For the Appellant : Ms. V. Therie.
For the Respondents: Ms. Pichano, GA, Nagaland.

IMPORTANT POINT
The main legal point established in the judgment is the entitlement of the petitioner to regularization in 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, based on relevant provisions and previous judgments and orders.

Headnote:
Regularization - Service Benefits - [Article 226, Constitution of India] - [Scheme for Regularisation and Absorption of Work charge and casual employees of and revision of Pay/Wages, Office Memorandum No. AR-3/GEN-201/2009, dated 17-03-2015] - The court discussed the petitioner's entitlement to regularization in 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. The court referred to the relevant provisions of the Constitution of India and the Office Memorandum to determine the petitioner's entitlement to the benefits and found that the petitioner's case was squarely covered by previous judgments and orders, leading to the grant of similar relief to the petitioner.
Fact of the Case:
The petitioner sought regularization of 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. The petitioner had served the department for 29 years 8 months but was not awarded scale of pay and was excluded from the benefit of a relevant Office Memorandum. The petitioner filed RTI applications and made representations, but his case was not considered by the department.
Finding of the Court:
The court found that the petitioner's case was squarely covered by previous judgments and orders, leading to the grant of similar relief to the petitioner. The court also noted that the respondents challenged the judgment and order but the division bench dismissed the same. The court found merit in the petition and granted similar relief to the petitioner as provided to other petitioners in a similar case.
Issues: The issue before the court was whether the petitioner was entitled to be regularized in 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.
Ratio Decidendi: The court's decision was based on the petitioner's entitlement to the benefits as per relevant provisions and previous judgments and orders, which led to the grant of similar relief to the petitioner.
Final Decision: The court found merit in the petition and granted similar relief to the petitioner as provided to other petitioners in a similar case. The parties were directed to bear their own costs.

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, vide Office Order NO.SD/PHE/MLR/EST-2/2000/17-21 dated 29-03-2019 passed by the Sub-Divisional Officer, PHED, Meluri Sub-Division, Phek, Nagaland the petitioner was released from service on completion of 60(sixty) years of age.

Thereafter, the petitioner through his counsel filed two RTI Applications, on 10-02-2021 before the PIO, Office of the Chief Engineer, PHE Department, Nagaland, Kohima requesting the following information:-

(i) "List of employees who were appointed on work-charge basis and subsequently granted scale of pay."

(ii) "List of employees who were appointed on work-charge basis and subsequently regularized clearly indicating their date of appointment, post and date of regularization.”

The petitioner had received the reply vide Office Letter NO.CE/PHE/RTI/2005 dated Nil-03-2021 a "List of WC employees under PHED Nagaland who were appointed on Fixed pay and subsequently upgraded to Scale pay" information relating to 380 work-charge employees appointed on fixed pay and subsequently upgraded to scale pay was provided. Also, vide Office Letter NO.CE/PHE/RTI/2005 dated Nil-03-2021 a "List of WC employees under PHED Nagaland who were Regularized" information relating to 195 work-charge employees being regularized was provided.

Having received the reply the petitioner found that many other similarly situated employees have been already granted scale of pay as well as regularized. But, the department was indifferent towards the petitioner's plight, and his case has not been considered.

Thereafter, on 28-07-2021, the petitioner made a representation to the Chief Engineer, PHED, Nagaland, Kohima for regularization of his service for the purpose of pension and pensionary benefits. However, the same has not been considered till date.

The grievance of the petitioner is that despite serving the department for 29 years 8 months, he was not awarded scale of pay as was awarded to so many other similarly situated employees excluding him from the benefit of Government of Nagaland, Department of Personnel and Administrative Reforms (Administrative Reforms Branch) Nagaland, Kohima Office Memorandum No. AR-3/GEN-201/2009, dated 17-03-2015 on "Scheme for Regularisation and Absorption of Work charge and casual employees of and revision of Pay/Wages". He was allowed to leave empty handed. He is the sole bread winner of the family and is facing untold financial hardship to support himself and his family following his superannuation as he has no alternative source of income. He is forced to live in penury and is no longer able to financially support his family. That state, being a model employer, ought not to discriminate its employees by adopting a pick and choose policy. In similarly situated cases, persons have already been regularized and given pension and pensio

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