JUDGMENT

Date : 16-10-2023 (Mridul Kumar Kalita, J)

1. Heard Mr. Moa Jamir, learned counsel for the petitioner. Also heard Mr. Moa Imchen, learned Senior Government Advocate appearing for the State of Nagaland.

2. This writ petition under Article 226 of Constitution of India has been filed by the petitioner, namely, Smt. Chubamongla Ao praying for issuance of directions for regularization the service of the petitioner in the post of Sweeper.

3. The case of the petitioner, in brief, is as follows:

(i) That the petitioner was initially appointed as Grade-IV Sweeper, on contingency post, in the scale of pay of Rs. 375-7-445- 490-10-590/- per month under the Office of Estate Officer PWD (Housing), Mokokchung, Nagaland by order bearing No. MKG/EO/EI- 2/90-91/146/48 dated 29.06.1990 issued by the respondent no.6, i.e., the Estate Officer PWD (Housing), Mokokchung, Nagaland.

(ii) That on completion of fifteen (15) years of continuous service, the petitioner was granted revised pay of scale of Rs.850-

20-950-25-1300-30-1630/- per month by Office Order No. CE(H)EA- 4/08-09 dated 30.10.2009 issued by the respondent no.5, i.e., The Chief Engineer, PWD (Housing), Nagaland, Kohima.

(iii) That after completion of more than twenty nine (29) years of service of being the senior most in the contingency Department, the petitioner submitted a representation dated 15.10.2019 to the respondent Nos. 4, 5 and 6 praying for regularization of her service in the post of sweeper, however, till date no action has been taken by the respondent authorities on the representation filed by the petitioner.

4. Mr. Moa Jamir, learned counsel for the petitioner has submitted that the present petitioner has already rendered thirty three (33) years of continuous service as Sweeper on contingency basis and is on the verge of retirement. It is also submitted that during this period some of the contingent workers who were junior to her were regularized, however, the representation of the present petitioner is yet to be considered by the State respondents.

5. It is further submitted by the learned counsel for the petitioner that the fact of present petitioner having rendered continuous long service in the same capacity has not been disputed by the respondent authorities. The Senior Assistant Estate Officer, PWD (Housing) has also issued a certificate which is annexed as Annexure-4 to the writ petition whereby it has been certified that, as on 03.02.2020, the petitioner has rendered service as Sweeper on contingency basis since last twenty nine (29) years and she is the senior most sweeper on contingency basis with an unblemished record.

6. Learned counsel for the petitioner has referred to an Office Memorandum bearing No. AR-3/GEN-67/2009 dated 17.03.2015 which is regarding the “Scheme of Regularization and Absorption of Work-Charged and Casual Employees and Revision of Pay/Wages”. It is submitted that Clause 1 (ii) of the said memorandum provides as follows:

“(ii) In respect of those work-charged and casual employees in scale pay and who have completed or will complete 30 (thirty) years of continuous service after 01.01.2015, their cases for regularization will be taken up subsequently in two batchers as on 1st July and 1st January every year. The procedures and terms and conditions will be the same as laid down in this O.M.”

7. It is also submitted that as per Clause 1 (g) of the said Scheme, the applicability of the scheme is exempted in case of part time sweeper and it is submitted that the present petitioner has been working fulltime continuously on a scale of pay since last thirty three (33) years, she is not a part time worker and the applicability of the Officer Memorandum dated

17.03.2015 is not exempted in her case.

8. Learned counsel for the petitioner has further submitted that the petitioner has obtained information by filing a RTI application whereby she came to know that in between June 1990 to September 2019, the State respondents have regularized the services of almo