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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH
KUMAR KALITA
Myingthunglo Lotha – Appellant
Versus
State of Nagaland, Represented by the Chief Secretary to the Government of Nagaland – Respondent
JUDGMENT :
MRIDUL KUMAR KALITA, J.
1. Heard Mr. S. K. Srivastava, the learned counsel assisted by Mr. N. Z. Lotha, the learned counsel for the petitioner. Also heard Ms. Inaholi, the learned Government Advocate for the respondents.
2. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, namely, Myingthunglo Lotha praying for issuance of writ in the nature of mandamus/any other appropriate writ, directing the respondents authorities to consider the case of the petitioner for regularization of her service for thirty-five years with effect from 01.08.1984 till 2019 and thereafter to pay her salary due to her in the said rank and position with all other allowances as admissible to a permanent employee and also to grant all pension and retiral benefit as admissible in that position and rank and also to pay arrear of pay and allowances along with interest at the rate of 12% per annum till the date arrears are paid to her.
3. The facts relevant for consideration of the instant writ petition, in brief, are that the petitioner was employed as a contingency basis sweeper in the Office of the District Sports Officer, Wokha, Nagaland by order No.DPE/E
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Point of Law : Doctrine of doctrine of res judicata - The doctrine of res judicata, as envisaged by Section 11 of the Code of Civil Procedure, 1908 does not stricto sensu apply to the proceedings und....
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....
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