IMPORTANT POINT
The court emphasized the applicability of relevant rules and previous judicial decisions in determining the entitlement to pensionary benefits and regularization of service.

JUDGMENT :

SANJAY KUMAR MEDHI, J.

1. By means of this petition filed under Article 226 of the Constitution of India, the following prayers have been prayed for:

“In the premises aforesaid, it is respectively prayed that Your Lordships would graciously be pleased to admit this petition, call for the records, issue a Rule calling upon the respondents to show causes as to why a writ of Certiorari and/or Mandamus and/or any other appropriate writ, order or direction should not be granted and upon cause or causes being shown be pleased to make the Rule absolute in the following terms:

Direct the State respondents to regularize the service of the petitioner and to grant pensionary benefits.

And/or pass any such further or other order/orders as Your Lordship may deem fit and proper in the facts and circumstance.”

2. The facts projected in the writ petition are that the petitioner was appointed as Semi-scale Labour in the establishment of the Executive Engineer, Public Health Engineering Department (PHED) in the year 1995. He was upgraded as Work-charged Khalasi on 05.03.2021 with a scale of pay. The petitioner has retired from service on attaining the age of superannuation on 30.06.2022. The claim of the petitioner, as would be evident from the relief prayed for is towards regularization of his service so that he gets the benefit of post retirement.

3. I have heard Mr. L. Likhase Sangtam, learned counsel for the petitioner, whereas Mr. Moa Imchen, learned Senior Government Advocate is present for all the respondents.

4. The learned counsel for the petitioner has submitted that the petitioner has served for a long period of about 27 (twenty-seven) years and he cannot be left without any pensionary benefits after such a long period of time. The action of the respondent authorities in granting the petitioner pay scale on and from 05.03.2021 has also been highlighted.

5. The learned counsel has referred to Rule 2 of the Central Service (Pension) Rules, 1972 and has contended that in view of such Rules which only contemplate 20 (twenty) years of service which has presently been made 10 (ten) years for being entitled to pensionary benefits, the petitioner should be granted such benefits. The filing of the representation by the petitioner which has not been considered has also been highlighted by the learned counsel for the petitioner.

6. In support of his submission, the petitioner has relied upon and in fact annexed a copy of an Order dated 08.07.2013 by this Court, passed in WP(C)/213(K)/2012 (Khruvotso vs. State of Nagaland and Others). It is submitted that in the said case, a similarly situated person was given the benefit of regularization of his service so as to be entitled to pensionary benefits. The Court had also relied upon an earlier judgment of this Court reported in State of Manipur and Others vs. K.S.H. Ibobal Singh, 1997 (2) GLT 209. In the case of K.S.H. Ibobal Singh, the petitioners were found to be serving for 28 (twenty-eight) and 29 (twenty-nine) years without any pensionary benefits and accordingly, the directions were passed for giving them the benefit of regularization of their services and consequent entitlement to pension.

7. The learned counsel has also relied upon the case of Pradip Chakraborty and Others vs. State of Assam, 2014 (1) GLT 617. In the said case, this Court had directed giving the benefit of regularization of work-charged and muster-roll employees engaged prior to 01.04.1993 in the State of Assam so as to be entitled for pensionary benefits.

8. Per contra, the learned State counsel has submitted that though it is not in dispute regarding the total length of service of the petitioner which is about 27 (twenty-seven) years, out of the said service the petitioner had served in fixed pay for 26 (twenty-six) years and he was only granted scale pay on 05.03.2021 and he had retired after about a year thereafter on 30.06.2022. It is submitted that to effect any regularization, there has to be a post/vacancy and present