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THE GAUHATI HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH, KOHIMA BENCH
MRIDUL KUMAR KALITA, RAJESH MAZUMDAR
State Of Nagaland – Appellant
Versus
Imyanglula D/o Late Makungsangba – Respondent
JUDGMENT :
1. Heard Mr. K. V. Angami, the learned Government Counsel for the appellants. Also heard Mr. Limawapang, the learned counsel appearing for the sole respondent.
2. This writ appeal has been filed by the State of Nagaland and 3 other appellants under Rule 2(2) of the Chapter V-A of the Gauhati High Court Rules, impugning the judgment & order dated 26.04.2022 passed by the learned single judge in W.P.(C) No. 229/2021 whereby the State respondents were directed to regularize the services of the petitioner within a period of 3 (three) months from the date of receipt of certified copy of the impugned judgment.
3. The facts relevant for the instant appeal, in brief, are as follows:
(i) The writ petitioner who was appointed as work-charged labour with scale of pay and all allowances admissible from time to time for government servants of Nagaland, by an order dated 09.11.1987, issued by the Executive Engineer (PWD), Mangkolemba Division, Mokokchung District, was released from service w.e.f. 31.03.2017 by an Order dated 24.05.2017 issued by the Executive Engineer, PWD (H) Division, Mokokchung, Nagaland on attaining 60 years of age and after having completed 29 years 4 months and 21 d
The court affirmed that the principle of equal treatment in public employment must be upheld, requiring regularization for long-serving employees despite technical non-compliance with bureaucratic cr....
The main legal point established in the judgment is the need to interpret beneficial legislation liberally to achieve the legislative intent and uphold the principle of equal pay for equal work.
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 court established that eligibility for regularization and pensionary benefits must be determined based on the criteria set forth in applicable regulations, and that such benefits cannot be claime....
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.
The main legal point established in the judgment is the entitlement of the petitioner to regularization in his service against the lowest scale of pay permissible for Grade-IV employees within the PH....
Long-serving work charged employees have a right to regularization and pensionary benefits, and the government cannot deny these rights after decades of service based on claims of irregular appointme....
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