IMPORTANT POINT
The Court established that work-charged employees are entitled to regularization based on seniority and qualifications as per the 2004 Office Memorandum, not the 2015 one requiring 30 years of service.

JUDGMENT :

DEVASHIS BARUAH, J.

1. Both the two writ petitions relate to cases where the petitioners herein have sought for direction to regularize the services of the petitioners. The question is as to whether such direction can be passed by this Court taking into account the schemes of regularization of work-charged employees announced by the State of Nagaland and more particularly, the Office Memorandums dated 22.09.2004 and 17.03.2015. For deciding the said question, this Court finds it first to deal with the respective pleadings in both the writ petitions.

2. The petitioner herein was initially appointed as work-charged Driver vide an Office Order No. MKG/N.H/EI-6/949-50 dated 14.12.1998 in the pay of scale of Rs 900-25-1025-30-1445-35-1760 per month w.e.f. 01.11.1998. The services of the petitioner was extended from time to time without any break in service. At the time of filing the writ petition, the petitioner had 21 years 7 months of service and during the course of the hearing, it is stated that the petitioner still continues to render his services. At the time of taking up the instant matter for disposal, the petitioner has approximately 25 years of service. It is the case of the petitioner that the petitioner, being the senior most work-charged Driver in the Division, he submitted a representation on 15.10.2019 praying for regularization. However, the same was not considered, and as such, the petitioner submitted another representation on 09.12.2019. Being aggrieved by the inaction on the part of the respondent authorities to consider the case for regularization, the petitioner has therefore approached this Court by filing the instant writ petition.

3. It is seen from the affidavit filed by the respondent authorities that there is no denial to the fact that the petitioner was duly appointed on the date stated in this writ petition. However, it is the specific case of the respondents in their affidavit that the petitioner's case is being taken up for consideration. But as he is at Sl. No. 8 of the seniority list of the scale paid work-charge employees under the establishment of E.E PWD (NH), Division-I, Mokokchung, the petitioner’s case would be considered as and when his turn comes. In that regard, the seniority list of the work-charged employees under the National Highway Division No. II, Mokokchung has been enclosed to the said affidavit and from the seniority list it is seen that the petitioner is at S. No. 8.

4. To the said affidavit-in-opposition so filed, the petitioner has filed an affidavit-in-reply stating inter-alia that the seniority list is not prepared in terms with the Office Memorandum dated 22.09.2004 in as much as, as per the said Office Memorandum, each Department should maintain a seniority list in various categories in order of their length of service, and as such, the question of maintaining the separate seniority list in the Department on Division-wise was contrary to the Office Memorandum. In addition to that, the petitioner had also stated that a perusal of Annexure-7 to the writ petition would show that for the period from 2009 till 2019, 72 drivers were appointed directly without considering the ratio to be maintained in terms with the Office Memorandum dated 22.092004.

5. The case of a petitioner in the instant writ petition is that vide an Office Order No. DS/ESTT-5/98-99/539-45 dated 04.01.1999 issued by the Sub-Divisional Office, PWD (H) Sub-Division No. 1, Dimapur, Nagaland, the petitioner was initially appointed as a work-charged labour on fixed pay w.e.f. 04.01.1999 under the Establishment of the Sub-Divisional PWD (H) Sub-Division No. 1, Dimapur, Nagaland. Thereupon, vide an order dated 04.04.2006, the petitioner was promoted to the post of work-charged Carpenter Helper in the scale of pay of Rs.800-18-890-20-1050-25-1475 per month under the Establishment of the Sub-Divisional Officer, PWD (Housing) No. 1, Dimapur, Nagaland. As on the date of filing of the instant writ petition in the ye