IMPORTANT POINT
Service rendered on a contract basis is valid for retirement computation under the Nagaland Retirement from Public Employment Act, regardless of regularization date.

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;

i) The petitioner was appointed as a constable driver under the establishment of DEF Kohima, on contract basis, for a period of 1(one) year w.e.f. 01/04/1988. The service of the petitioner was extended from time to time and thereafter, by the order dated 30/03/1990, the service of the petitioner was last extended for a period of 3(three) months w.e.f. 01/04/1990 to 30/06/1990 with a rider that “He may not apply for further extension”.

ii) The petitioner thereafter remained unemployed and was also not paid the salary for the month of July 1990 to September 1990. It was only sometime in the month of October 1990 that the petitioner was verbally instructed by the department to report for duty. No formal order was issued, but the petitioner was assigned duties as a constable driver to drive the bullet proof car at the Raj Bhavan.

iii) That by a W.T Message, dated 06/05/1998, issued by the IGP (Hqr), the petitioner was detailed to undergo 6(six) months condensed basic training course at Police Training School, Chumukedima. On completion of the basic training course, the Principal, Police Training School Chumukedima, Nagaland, issued the order dated 20/08/1998 releasing and directing the petitioner to report back to his unit.

iv) That the Dy. Inspector General of Police (Hqr), Nagaland, Kohima, wrote the letter dated 02/11/1999 to the Home Commissioner, Police General Branch, Nagaland, Kohima, requesting the latter to regularize the contract service of the petitioner w.e.f. 09/12/1998 i.e. the date on which the petitioner had passed out the parade of recruits basic training.

v) Subsequently, the Government of Nagaland, Home Department, Police Estt. Branch wrote the letter No. POL-1/ESTT/72/96, dated 26/05/2001, to the Director General of Police, Nagaland, Kohima, conveying the approval of the Government for regularization of the service of the petitioner with immediate effect from 09/12/1998. Consequent thereto, the Registrar, Police Headquarter, Nagaland, Kohima, issued the order dated 10/06/2002 regularizing the service of the petitioner w.e.f from the date of joining.

vi) That by the order dated 02/12/2003, issued by the Director General of Police, Nagaland, Kohima, the petitioner was promoted to the rank of Hav(MT) in the establishment of the IG(INT). Thereafter, by the order dated 08/10/2012, the petitioner was promoted to the rank of MTSI and posted at DEF Kohima and again by the order dated 13/11/2017, issued by the Home Commissioner, Nagaland, Kohima, the petitioner and 9(nine) others were promoted to the upgraded post of ABI(MT) and the petitioner was posted at 15th NAP(IR) Bn. Chumukedima.

vii) That when the petitioner was continuing in service, the Government of Nagaland, Home Department Police Estt. Branch, issued the impugned notification dated 21/11/2022 releasing the petitioner from service with effect from 31/03/2023 on completion of 35 years of service in terms of section-3(1) and 3(2) of the Nagaland Retirement from Public Employment (Second Amendment) Act, 2009 and in terms of the Government of Nagaland, P&AR Notification No. AR-3/Gen-174/2007(Pt) dated 07/08/2009.

4. The main thrust of the case of the petitioner is that he has been prematurely released from service even before the completion of 35 years of service by wrongly taking the date 01/04/1988 as the date of the petitioner