IMPORTANT POINT
Public employment under the NRPE Act includes both contractual and regular service for retirement calculations, ensuring pensionary benefits are preserved.

JUDGMENT :

The writ petition invoking the extra-ordinary writ jurisdiction under Article 226 of the Constitution of India has been preferred inter alia to assail an Order dated 14.06.2024 [Anenxure-25] passed by the Government of Nagaland in the Health and Family Welfare Department and a Corrigendum dated 09.07.2024 [Annexure-26] issued in connection with the Order dated 14.06.2024 [supra] by the Government of Nagaland in the Health and Family Welfare Department. The petitioner has also assailed an impugned Approval of the Personnel and Administrative Reforms Department, O.M. Branch given vide U.O. no. 219 dated 31.05.2024 [Annexure-24]. By the afore-mentioned Order/Corrigendum impugned herein, the petitioner has been informed, in essence, that she would be released from service on 30.09.2024 as per the provision contained in Section 3[1] of the Nagaland Retirement from Public Employment Act, 1991 [‘the NRPE Act’, for short], as amended. Terming such decision of the State Government as an order of premature retirement from service and also bad, arbitrary and illegal, the petitioner has preferred the writ petition with the claim that the service of the petitioner is to be counted only with effect from 04.12.1991.

2. The primary ground of challenge is that a period of thirty-five years of public employment of the petitioner could not have been calculated to be complete on 30.09.2024, the date from which the petitioner has been sought to be retired on superannuation by releasing her from service.

3. The facts which led the petitioner to institute the writ petition can be exposited, in brief, at first.

4. It was in the year 1989, the petitioner came to be appointed in a post of Drug Inspector [Class-I Gazetted] with a scale of pay plus other applicable allowances by the Secretary to the Government of Nagaland, Health and Family Welfare Department vide a Notification dated 04.09.1989. In the Notification dated 04.09.1989, it was mentioned that the appointment of the petitioner to the post of Drug Inspector was purely on contract basis for a period of one year, subject to termination by giving one month notice in writing from either side. The petitioner was appointed as a Drug Inspector on contract basis initially under the Civil Surgeon, Wokha against an existing vacancy. In terms of the Notification dated 04.09.1989, a contract-agreement was also executed in that connection setting forth the terms and conditions of the contractual appointment. By another Notification dated 22.02.1991, the contract service of the petitioner in the post of Drugs Inspector under the Nagaland Health Services came to be extended for a period of further one year from 05.09.1990 to 04.09.1991 and accordingly, another contract-agreement was executed between the parties. By a subsequent Notification dated 16.09.1991, the Health and Family Welfare Department, Government of Nagaland extended the contract services of the petitioner in the post of Drugs Inspector for another period of one year w.e.f. 05.09.1991.

5. During the currency of the petitioner’s contract period of one year w.e.f. 05.09.1991, a process of recruitment was undertaken by the Nagaland Public Service Commission [NPSC] to fill up a nos. of vacancies in the post of Drugs Inspector [Class-II Gazetted] under the Nagaland Health Services in a regular manner. The petitioner participated in the said process of recruitment initiated by the NPSC by submitting her candidature. During the continuation of her contractual service which was extended from 05.09.1991, the results of the recruitment process initiated by the NPSC were declared. As the petitioner was recommended by the NPSC for appointment, she came to be appointed in the post of Drugs Inspector [Class-II Gazetted] under the Nagaland Health Services by the Government of Nagaland, Health and Family Welfare Department by a Notification dated 19.06.1992 along with two others on regular basis. In the Notification dated 19.06.1992, it was mentioned tha