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KAKHETO SEMA
Laxman Sonar – Appellant
Versus
State Of Nagaland, Through The Chief Secretary To The Government Of Nagaland – Respondent
JUDGMENT :
(Kakheto Sema, J.)
Heard Mr. I. Apok Pongener, learned counsel for the petitioner and Mr. V. Zhimomi, learned Government Advocate for the State respondents.
2. The writ petition has been filed, seeking for a direction, to quash and set aside the Notification No. POL/ESTT-2/7/2019, dated 21/11/2022, issued by the Government of Nagaland, Home Department, Police Estt. Branch, releasing the petitioner from service, on completion of 35(thirty five) years of service, under the Nagaland Retirement from Public Employment (Second Amendment) Act, 2009.
3. The facts of the case, in brief, as projected in the writ petition are as follows;
ii) The petitioner thereafter remained unemployed and was also not paid the salary for the month of July 1990 to Se
Service rendered on a contract basis is valid for retirement computation under the Nagaland Retirement from Public Employment Act, regardless of regularization date.
Public employment under the NRPE Act includes both contractual and regular service for retirement calculations, ensuring pensionary benefits are preserved.
A resignation submitted to enable an employee to join a higher post is a technical resignation and the employee's past service should be counted for the purpose of calculating his/her length of servi....
It can, therefore, be said that if the view adopted by the Court in the original judgment is a possible view having regard to what the record states, it cannot be said that there is an error apparent....
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 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.
Employees who completed service requirements must be considered for regularization post-retirement under applicable state policies, including entitlement to benefits.
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