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
| 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
Employees with over 30 years of service must be considered for regularization under updated state regulations, emphasizing compliance with governmental directives.
The court directed the authorities to regularize the petitioner's position, emphasizing compliance with established government memorandums regarding employee service regularization.
The Court established that work-charged employees are entitled to regularization based on seniority and qualifications as per the 2004 Office Memorandum, not the 2015 one requiring 30 years of servic....
Employees who completed service requirements must be considered for regularization post-retirement under applicable state policies, including entitlement to benefits.
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 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.
Regularisation in service requires a regular sanctioned post, and the court cannot direct regularisation or grant benefits payable to regular employees.
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....
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