The right to regularization of work-charged employees accrues upon completion of 30 years of service, necessitating timely action by authorities as per the Office Memorandum.

JUDGMENT AND ORDER :

DEVASHIS BARUAH, J.

Heard Ms. Shisa Jamir, the learned counsel appearing on behalf of the petitioner and Mr. N. Angami, the learned counsel appearing on behalf of the respondents.

2. The petitioner herein is aggrieved by the inaction on the part of the respondent authorities in not regularizing the services of the petitioner in terms with the Office Memorandum dated 17.03.2015 although the petitioner is duly eligible as per the said Office Memorandum.

3. The case of the petitioner in brief is that vide an office order dated 29.11.1991, he was appointed as Labour on fixed pay basis of Rs.450/- per month under the establishment of the SDO (PWD), Thonoknyu w.e.f. 01.12.1991. Subsequently, vide an order dated 17.11.1993, the petitioner was temporary appointed as work-charged Office Peon in the scale of pay along with other allowances admissible. The petitioner continued to render his services and still is in service. In terms of the Nagaland Retirement from Public Employment (Second Amendment) Act, 2009, the petitioner would be retiring on 30.04.2025. The case of the petitioner herein is that in terms with the Office Memorandum dated 17.03.2015, the petitioner is entitled to be regularized as the petitioner has completed 30 years of continuous service with scale pay on 29.11.2021. The case of the petitioner however having not been considered, the petitioner has approached this Court by filing the present writ petition.

4. The respondents had filed their affidavit-in-opposition on 24.03.2025. In the said affidavit-in-opposition, it has been mentioned that the case of the petitioner is actively being considered by the respondent authorities, and in doing so, the name of the petitioner has already been sent to the Government for regularizing the work-charged services of the petitioner. It was also mentioned that for regularizing the petitioner certain conditions which are provided in the Office Memorandum dated 17.03.2015 are to be first fulfilled and in doing so, some time would be required.

5. This Court has also perused Annexure-A to the said affidavit-in-opposition which is the communication issued by the Engineer-In-Charge, NPWD to the Commissioner & Secretary, Work and Housing Development dated 07.03.2024 wherein the th names of the 5 Phase of work-charged employees were resubmitted. To the said communication dated 07.03.2024, a list is enclosed wherein it is seen that the name of the petitioner appears at Serial No.1. It is further seen on the said list that the petitioner's date of entry in the service was mentioned as 29.11.1991 and the petitioner would complete 30 years of service on 29.11.2021. It was also stipulated that the petitioner would superannuate on 30.04.2025. It is further seen that upon regularization, certain additional financial benefits would be payable to the petitioner as would be apparent from the list enclosed.

6. This Court has perused the pleadings and taken note of the respective submissions made by the learned counsels appearing on behalf of the parties. For the purpose of deciding the instant dispute, this Court finds it relevant to take note of the Office Memorandum dated 17.03.2015. From a perusal of the said Office Memorandum, it is seen that the said Office Memorandum relates to the Scheme for regularization and absorption of work- charged and casual employees and the revision of wage/wages. It is further seen from Clause 1 (i) that all existing work-charged and casual employees of the various Departments who are enjoying scale pay and who have completed 30 years or more continuous service as on 01.01.2015 will be regularized by conversion of their posts into regular ones personal to them and subject to fulfillment of conditions as indicated therein. The conditions which have been stipulated from (a) to (h) of Clause 1(i) are in respect to the actions to be taken by the Respondent Departments and the employee has no role in complying with the said conditions. The only requirement a