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IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
ROBIN PHUKAN, J.
Shri Yisutu, S/o Yopitu – Appellant
Versus
The State Of Nagaland - Respondents
WP(C) No. 317/2021
Decided on : 10-06-2024
Regularization - Service entitlement - - [Order NO.EE/PHE/PK/EST/26/88-89, dated 03-11-1988, Office Order NO.SD/PHE/MLR/EST-2/2000/66-70, dated 27-03-2018, O.M dated 23.07.2020, O.M dated 17.03.2015] - The court discussed the petitioner's entitlement to regularization of service against the lowest scale of pay permissible for Grade-IV employees within the PHE Department, Government of Nagaland. The court referred to various orders and memorandums to determine the petitioner's entitlement and found that the petitioner's case was covered by previous judgments and orders, leading to the grant of similar relief to the petitioner.
Fact of the Case:
The petitioner, Shri Yisutu, sought regularization of his service against the lowest scale of pay permissible for Grade-IV employees within the PHE Department, Government of Nagaland, after serving for 29 years 4 months. The petitioner's grievance was that despite serving for a considerable period, he was not awarded scale of pay and was excluded from the benefit of a government scheme, leading to financial hardship.
Finding of the Court:
The court found that the petitioner's case was covered by previous judgments and orders, and observed that the petitioner had been discriminated against. The court noted that the petitioner's service was required and utilized, and he should have been given the same benefit as others. The court also considered the delay in approaching the court and found it not to be unreasonable, granting similar relief to the petitioner as provided to others in similar cases.
Issues: The main issue 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 regularization of service, considering previous judgments and orders, the discrimination faced by the petitioner, and the delay in approaching the court, which was found not to be unreasonable.
Final Decision: The court found merit in the petition and granted similar relief to the petitioner as provided to others in similar cases, allowing the petition and directing the respondents to regularize the petitioner's service. The parties were 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 No. 317/2021 is also preferred by the petitioner, namely, Shri Yisutu, 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.
3. The background facts, leading to filing of the present petition are adumbrated herein below:-
Then after 29 years 4 months of his service, vide Office Order NO.SD/PHE/MLR/EST-2/2000/66-70, dated 27-03-2018 (Annexure-3), 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 10.08.2021, 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 4 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 pensionary benefits; however the same benefit has not been extended to the petitioner and the same is in violation of Articles 14
The main legal point established in the judgment is that the petitioner's entitlement to regularization of service was upheld based on previous judgments and orders, the discrimination faced by the p....
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 PH....
The court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
The main legal point established in the judgment is the need to interpret beneficial legislation liberally to achieve the legislative intent and uphold the principle of equal pay for equal work.
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 fail....
The court affirmed that the principle of equal treatment in public employment must be upheld, requiring regularization for long-serving employees despite technical non-compliance with bureaucratic cr....
The entitlement to pensionary benefits for long-serving employees, even if initially appointed on a temporary basis, and the obligation of the State to provide minimum benefits for dedicated service.
The right to regularization and pensionary benefits for Work-Charged employees is governed by specific eligibility criteria, and failure to meet these criteria precludes entitlement to such benefits.
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