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HE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SHAMIMA JAHAN
Neitsolo-U Wife Of Shri. Neichulo Wezah – Appellant
Versus
State Of Nagaland Through The Chief Secretary – Respondent
ORDER :
SHAMIMA JAHAN, J.
This is an application preferred under Article 226 of the Constitution of India for a writ in the nature of mandamus, for retrospective regularization of the petitioner’s service as Work Charged employee in the Office of the Sub-Divisional Officer, I/C, PWD (Housing), Phek, Nagaland for pension and pensionary benefits. The petitioner has also prayed for modification of the Office Memorandum No. AR-3/GEN-201/2009 dated 17.03.2015 by which it was provided that the employees who were enjoying scale pay and who have served for 30 years or more of continuous service as on 01.01.2015 will be regularized and not in respect of employees who do not have a scale pay.
FACTS
2. The petitioner was appointed as a Work Charged labour on fixed pay on 23.05.1986 and on being appointed, work charged Identity Card bearing No. 123 was issued to the petitioner and since then she was working continuously. On 05.05.2021, after completion of 35 years of service, the petitioner was released from her service vide order dated 05.05.2021 passed by the Sub-Divisional Officer (I/C), PWD (Housing), Phek, Nagaland with effect from 31.05.2021. The petitioner was released without any pension o
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 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 entitlement of the petitioner to regularization in his service against the lowest scale of pay permissible for Grade-IV employees within the PH....
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 that the petitioner's entitlement to regularization of service was upheld based on previous judgments and orders, the discrimination faced by the p....
Employees who completed service requirements must be considered for regularization post-retirement under applicable state policies, including entitlement to benefits.
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....
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