Employees who completed service requirements must be considered for regularization post-retirement under applicable state policies, including entitlement to benefits.

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 17.03.2015, which provides a scheme for regularization of Work- Charged employees who have completed or will complete 30 years of continuous service after 01.01.2015 and who have been enjoying scale pay, thereby depriving the petitioner of his rightful service benefits, including pensionary benefits.

5. Mr. Sangtam, learned counsel for the petitioner, submits that as per Clause 1(ii) of the Office Memorandum dated 17.03.2015, those Work-Charged and Casual Employees in scale pay who have completed or will complete 30 years of continuous service after 01.01.2015, their cases for regularization are to be taken up st st subsequently in two batches as on 1 July and 1 January every year, on the same terms and conditions as provided in the Office Memorandum. However, the State respondents, without considering the applicable Office Memorandum, allowed the petitioner to retire in the year 2023 without regularizing his service, despite the petitioner having completed 35 years of continuous service as a Work-Charged Tracer. Therefore, he submits that the respondent authorities may be directed to consider the case of the petitioner for regularization of his service and to grant all consequential service benefits, including pensionary benefits.

6. Mr. E. Thiba Phom, learned Government Advocate appearing for the State respondents, on instructions, submits that since the case of the petitioner could not be considered for regularization in terms of the Office Memorandum dated 17.03.2015 during the currency of his service, the respondent authorities are presently in the process of considering the case of the petitioner. Therefore, he prays that a reasonable time may be granted to the respondent authorities to consider the case of the petitioner.

7. I have considered the submissions of the learned counsel for the parties and have also perused the materials available on record, including the Office Memorandum dated 17.03.2015.

8. Admittedly, the petitioner was appointed as a Work-Charged Tracer in 1988, with the scale of pay and he joined service on 05.05.1988. He was released from service on 31.05.2023 upon attaining the age of superannuation, having completed 35 years of continuous service.

9. The State of Nagaland has framed a scheme for the regularization and absorption of Work-Charged and Casual Employees, as well as for the revision of their pay and wages, which