Back
IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KARDAK ETE
Thsapise Sangtam Work Charge Tracer (Retd) – Appellant
Versus
State Of Nagaland Represented By The Chief Secretary, Government Of Nagaland – Respondent
JUDGMENT :
KARDAK ETE, J.
Heard Mr. L. L. Sangtam, learned counsel for the petitioner. Also heard Mr. E. Thiba Phom, learned Government Advocate for the State respondents.
2. This application has been instituted praying for a direction to the State respondents to consider the case of the petitioner for regularization of his service in terms of the Office Memorandum dated 17.03.2015 issued by the Chief Secretary to the Government of Nagaland, with all consequential benefits, including arrear salary and pensionary benefits.
3. The case, in a nutshell, is that the petitioner was appointed as a Work-Charged Tracer in the year 1988 by the Executive Engineer (PWD), Kiphire Division, with a scale of pay of Rs. 425-9-542-12- 614-14-670 EB-15-730/- per month along with other admissible allowances and accordingly, he joined the service on 05.05.1988.
4. The petitioner, after rendering 35 years of service, was released from service on 31.05.2023 on attaining the age of superannuation. It is the contention of the petitioner that even after serving for 35 years as a Work-Charged Tracer, his service has not been regularized in violation of the policy of the State i.e. Office Memorandum dated 17.03.20
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 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....
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 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 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 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 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
