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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
MRIDUL KUMAR KALITA
Sungmo Chang Tuensang – Appellant
Versus
State of Nagaland, Kohima – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. Imti Longchar, the learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, the learned Government Advocate appearing for the State respondent as well as Mr. N. Mozhui, the learned counsel appearing for the private respondent No.9.
2. This writ petition under Article 226 of the Constitution of India has been filed by Smt. Sungmo Chang, impugning the office letter No. ENCP/Legal/WP(C)87(K)/2016/59 dated 30.01.2018 written by the Engineer-in-Chief, Department of Power, Office of the Chief Engineer, Transmission and Generation, Nagaland to the petitioner, whereby she was informed about rejecting the prayer for regularization of the service of the husband of the petitioner posthumously as well as for payment of pension and pensionary benefits.
3. The facts relevant for consideration of the instant writ petition, in brief, is that, the husband of the petitioner, namely, late W. Wongti Chollen, was a Muster Roll employee and later on he was appointed as Work Charged Jugali, under S.D.O. (E) No. II of the Executive Engineer, Electrical Division, Tuensang, Nagaland. It is also stated in the writ petition that by an office order dated 29.
Eligibility for regularization depends on service duration and vacancy availability; extraordinary pensions may be granted despite non-regularization if the employee died in service.
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 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 long service without regularization due to administrative error entitles the employee's family to pensionary benefits.
Posthumous regularization of deceased employees is permissible if confirmed under proper authority, whereas previous refusals lack legal sanction and are arbitrary.
The main legal point established in the judgment is that the Regularization Policy required the services of work-charge employees to be regularized as per seniority and as and when the vacancy arises....
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.
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