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2026 Supreme(Gau) 279

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
DEVASHIS BARUAH, J.
Smti. Kiholi Sema, D/O Lt.Litovi – Petitioner
Versus
State Of Nagaland Represented By The Commissioner And Secretary, Dept. Of Justice And Law And Ors - Respondents
WP(C) 69 of 2025, WP(C) 74 of 202, WP(C) 104 of 2025
Decided On : 16-03-2026

Advocates Appeared:
For the Petitioner: Moa Jamir, R Mere, Grace I Namgi, Imti Chang, Rosemary Kikon, Yangrothung Humtsoe, Shisa Jamir, T.Metsieo, Thejanuo Metha, M Solo, M Jemu
For the Respondent: Govt Adv NL

Employees with over 30 years of service must be considered for regularization under updated state regulations, emphasizing compliance with governmental directives.

Headnote:(A) Nagaland Work-charged and Casual Employees Regulation Act, 2001 - Office Memorandum dated 17.03.2015 - Regularization of Work-charged and Casual Employees - Petitioners sought regularization after 30 years of service, supported by subsequent notifications - The court found the claims of petitioners valid based on their lengthy service and their inclusion under new regulations. (Paras 3-8)

(B) Public Service Regularization - Court directed authorities to consider the cases of the petitioners for regularization based on new criteria established in governmental notifications, emphasizing the need for compliance within a specified timeframe. (Paras 8)

Facts of the case:
The petitioners were long-serving casual employees in different capacities who sought regularization of their service based on new government orders after significant years in service.

Findings of Court:
The court ruled that petitioners' claims must be considered according to updated regulations and directed timely action from the government.

Issues: Whether the petitioners are entitled to regularization given the completion of their service period and based on recent governmental notifications.

Ratio Decidendi: The court held that the petitioners' long years of service and the relevant government memoranda necessitate their consideration for regularization, thereby recognizing their right to fair treatment.

Result: Writ petitions disposed of with directives to the government for timely actions regarding regularization.

Table of Content
1. petitioners' employment history and claims for regularization. (Para 2 , 3 , 4 , 5)
2. court's observations on the lack of response from respondents. (Para 6)
3. legal provisions for regularization of employees. (Para 7)
4. directions for consideration of regularization cases. (Para 8)
5. no cost order on the petitioners. (Para 9)

JUDGMENT :

DEVASHIS BARUAH, J.

Heard Mr. Moa Jamir, learned counsel appearing on behalf of the petitioner in the batch of writ petitions. Ms. Bichano Kithan, learned Government Advocate appears on behalf of the State of Nagaland.

2. The issues involved in the present batch of writ petitions being similar, the same are taken up for disposal by this common Judgment and Order. This Court finds it very pertinent to take note of the brief facts which led to the filing of the present batch of 3 (three) writ petitions.

3. WP(C)/69/2025

The petitioner herein was appointed as a Sweeper on casual basis under the Office of Assistant Public Prosecutor, Zunheboto, Nagaland at a fixed pay of Rs. 450/- (Rupees Four Hundred and Fifty) per month vide the Office Order No. AF/GE-1/81(2) dated 26.07.1989. Thereafter vide another Order dated 27.09.2017, the petitioner was appointed to the post of Chowkidar-cum-Sweeper in the Office of the APP, Zunheboto on casual basis for a period of one year w.e.f. 01.10.2017 in the scale of pay of Rs. 2550-55-2660-60-3200/- under ROP 1999. The petitioner submitted a Representation dated 06.11.2023 for consideration of her case for regularization taking into account that the petitioner had completed 34 (thirty four) years of service. Vide an Order dated 26.11.2024, the Under Secretary to the Government of Nagaland communicated to the petitioner in reference to her application for regularization of service conveying the inability to regularize the petitioner’s service in terms of the observations made by the P&AR Department dated 22.10.2024. It is the case of the petitioner that the petitioner is entitled for being considered for regularization in terms with the Office Memorandum dated 17.03.2018 taking into account that the petitioner was granted the scale of pay and have rendered more than 30 (thirty) years of service as on 27.07.2019. It is further the case of the petitioner that vide an Office Memorandum dated 28.08.2024, the P&AR Department revised the procedure for regularization of Work-charged and Casual employees. Further to that, vide another Notification dated 05.03.2025, the P&AR Department to the Government of Nagaland have included contingency, fixed and wage pay employees as Casual employees under the Nagaland Work-charged and Casual Employees Regularization, 2001. It is therefore, the case of the petitioner that the petitioner should have been considered for being regularized as she has rendered more than 35 (thirty five) years of service as on date of filing the writ petition.

4. WP(C)/74/2025

The case of the petitioner herein is that the petitioner was appointed on contingency basis as a Typist vide Office Order No. LAW-115/81(3) dated 13.08.1991 under the Office of the Assistant Public Prosecutor, Mokokchung, Nagaland on monthly wage of Rs. 540/- (Rupees Five Hundred and Forty) for a period of 3 (three) months from the date of her joining. Subsequent thereto, on 27.09.2017 the petitioner was appointed to the post of Typist under the establishment of the P.P., Mokokchung on casual basis for a period of one year w.e.f. 01.10.2017 with the scale of pay of Rs. 3050-75-3950-80-4590/- under ROP 1999. It is the case of the petitioner that the petitioner had submitted a Representation on 08.02.2024 for regularization of her service. The same having not been considered the petitioner has approached this Court by filing the instant writ petition.

5. WP(C)/104/2025

The case of the petitioner herein is that the petitioner was appointed vide an Office Order No. ADC(J)TSG/*ST-2/93-34 dated 01.10.1993 as a Chowkidar on contingency basis under the establishment of the Additional







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