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DEVASHIS BARUAH
Serila Sangtam, Wife Of Lt. Tsathrongse Sangtam – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary – Respondent
JUDGMENT :
Devashis Baruah, J.
Heard Mr. L. Likhase Sangtam, the learned counsel appearing on behalf of the Petitioner and Mr. A. Ayemi, the learned Government Advocate appearing on behalf of the Respondent Nos. 1 to 6.
2. The present writ petition has been filed by the Petitioner seeking a direction upon the Respondents for regularizing the services of the husband of the Petitioner in terms with the Office Memorandum dated 17.03.2015 so that the Petitioner can receive the pensionery benefits as well as family pension.
3. From the materials on record, it is seen that vide an order dated 10.08.1987, the husband of the Petitioner namely Mr. Tsathrongse Sangtam was appointed as work-charged handyman under the establishment of the Executive Engineer (PWD), Kiphire in the scale of pay. Thereupon, the husband of the Petitioner was promoted from handyman to driver vide an office order dated 16.09.1995 in the scale of pay. The husband of the Petitioner thereupon rendered service for 35 years without any interruption and retired on 31.07.2022. Unfortunately, the husband of the Petitioner expired on 03.09.2022.
4. It is further relevant to take note of that the Government of Nagaland had issued a
The court ruled that the failure to regularize the deceased's service violated Articles 14 and 16 of the Constitution, mandating compliance with the Office Memorandum.
The court established that a government is obligated to regularize the service of work-charged employees who have rendered long service, particularly when a regular position was not created despite e....
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 servic....
Employees who completed service requirements must be considered for regularization post-retirement under applicable state policies, including entitlement to benefits.
Posthumous regularization of deceased employees is permissible if confirmed under proper authority, whereas previous refusals lack legal sanction and are arbitrary.
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....
Eligibility for regularization depends on service duration and vacancy availability; extraordinary pensions may be granted despite non-regularization if the employee died in service.
Legitimate expectation of employees for regularization, unjust denial of pensionary benefits, and applicability of judgments in similar cases.
The Court established that long service without regularization due to administrative error entitles the employee's family to pensionary benefits.
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