Posthumous regularization of deceased employees is permissible if confirmed under proper authority, whereas previous refusals lack legal sanction and are arbitrary.

JUDGMENT :

SUSMITA PHUKAN KHAUND, J.

The petitioner Smt. K. Lolia Mao @ L. Lolia Mao @ Lolia is the wife of the Late K. Heni Mao @ Heni Mao, who was a work-charged employee and who died in harness. Heni Mao was a trained carpenter and was appointed as a semi-skilled labour w.e.f. 15.02.1988 on fixed pay of Rs.350/- (Rupees Three Hundred and Fifty) per month on whole time basis by the Office Order dated 31.03.1988 passed by the Estate Officer, PWD, Kohima, Nagaland. He was promoted to work-charged jugali in the time scale of pay of Rs.375-7-445-9-490-10-590/- per month, plus other allowances including 25% on basic pay and all other allowances as admissible under rules from time to time by Office Order dated 31.05.1990 passed by the Estate Officer, PWD (Housing), Kohima, Nagaland.

2. The State of Nagaland through the Chief Secretary, Government of Nagaland, Kohima, the Commissioner & Secretary to the Government of Nagaland, Personnel and Administrative Reforms Department, the Commissioner & Secretary to the Government of Nagaland, Works and Housing Department, the Financial Commissioner, Nagaland, the Engineer-In-Chief, NPWD, Nagaland, the Chief Engineer, Public Works Department (Housing), Nagaland, the Executive Engineer, Public Works Department (Housing), East Division, Kohima and the Accountant General, Kohima, Nagaland, are arrayed as respondents No. 1 to 8 respectively. The respondents have filed their affidavit-in-opposition.

Case of the petitioner :-

3. It is submitted that K. Heni Mao from the existing scale of Rs.375, plus other allowances was granted 1993 revision of pay of Rs.800/- plus other allowances, revised w.e.f. 01.06.1990 by the Office of the Estate Officer PWD (Housing), Kohima. He was issued the Government of Nagaland Card No. 299 on 20.10.1993 by the Sub-Divisional Officer, Office of the Deputy Commissioner, Kohima, meaning thereby that he was a Government servant/employee. He was also granted annual increment from the date of his promotion on 31.05.1990 like all other regular Government employees and the first annual increment was granted w.e.f. 01.05.1991. It is also submitted that his service book was recorded and maintained from 31.05.1990 upto his death on 10.03.2011. Annexure-8 and 9 are the copies of service record 197 and the service book of Late K. Heni Mao @ Heni Mao.

4. It is further submitted that Late K. Heni Mao @ Heni Mao during his lifetime, having completed 15 (Fifteen) years of continuous service in the scale of Rs.800/- plus other emoluments was granted time bound scale of Rs.850/- w.e.f. 01.06.2005, vide Notification dated 01.08.2007 by the Chief Engineer, PWD (Housing) Nagaland, Kohima in terms of Rule 13 of Nagaland Government Service (ROP) Rules, 1993 (ROP for short) [Annexure – 10]. As per Chief Engineer, PWD (Housing) Notification dated 01.08.2007, he was granted time bound scale as per Rule 13 of the Nagaland Government Service (ROP) Rules, 1993 with fixed pay @ Rs.1125/- w.e.f. 01.06.2005 and of Rs.1175/- till 01.06.2007 by office order dated 12.02.2008 issued by the Executive Engineer, PWD Housing, East Division, Kohima. He was also made to subscribe to the Nagaland Government Employees Group Insurance Scheme, 1988 w.e.f. 01.04.1989 with Membership Card No. 133 by the Estate Officer (PWD), Kohima, where the petitioner Smt. Lolia was made his nominee under the Nagaland Government Employees Group Insurance Scheme, 1988 (NGEGIS). However, an amount of Rs.17,063/- (Rupees Seventeen Thousand and Sixty Three) was only sanctioned for the final withdrawal of the NGEGI Scheme by the Executive Engineer, NPWD (H), Estat