Gauhati High Court
I.A.(Civil)/251/2025 of STATE OF NAGALAND AND 8 ORS Vs SMTI TONGPHE on 22 September 2026
GAHC020008932025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/251/2025 STATE OF NAGALAND AND 8 ORS THROUGH THE CHIEF SECRETARY TO TH GOVT. OF NAGALAND, NAGALAND KOHIMA 2: THE COMMISSIONER AND SECRETARY TO THE GOVT. OF
GAHC020008932025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : I.A.(Civil)/251/2025
STATE OF NAGALAND AND 8 ORS
THROUGH THE CHIEF SECRETARY TO TH GOVT. OF NAGALAND, NAGALAND
KOHIMA
2: THE COMMISSIONER AND SECRETARY
TO THE GOVT. OF NAGALAND
P AND AR DEPARTMENT
NAGALAND KOHIMA
3: THE FINANCE COMMISSIONER
TO THE GOVT. OF NAGALAND
NAGALAND KOHIMA
4: THE COMMISSIONER AND SECRETARY
GOVT. OF NAGALAND
WORKS AND HOUSING DEPT. NAGALAND KOHIMA
5: THE ENGINEER-IN-CHIEF
NPWD (ROADS AND BRIDGES)
NAGALAND KOHIMA
6: THE CHIEF ENGINEER
PWD (ROADS AND BRIDGES)
NAGALAND KOHIMA
7: THE EXECUTIVE ENGINEER
PWD (ROADS AND BRIDGES)
NAGALAND KOHIMA
8: THE TREASURY OFFICER
TUENSANG
NAGALAND
9: THE ACCOUNTANT GENERAL
NAGALAND KOHIM
VERSUS
SMTI TONGPHE
W/O LATE KAOHAI, PANGSHA OLD VILLAGE, NOKLAK DISTRICT, NAGALAND
For the Applicant(s) : Mr. V. Zhimomi, Advocate For the Respondent(s) : Ms. V. Kiso, Advocate BEFORE
HON'BLE MR. JUSTICE DEVASHIS BARUAH
HONBLE MRS JUSTICE HELEN DAWNGLIANI
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ORDER
Date : 23.09.2026 (D.Baruah, J.)
This is an application filed under Section 5 of the Limitation Act, 1963 seeking condonation of the delay of 277 days in preferring the accompanying Writ Appeal against the order dated 21.01.2025 passed in WP(C) No. 145/2024.
2. Although there are no specific averments in the application explaining the cause of the delay, but at paragraph No. 3 of the additional affidavit filed by the Additional Secretary, Works and Housing, Kohima, details have been provided as to the reasons for the delay in filing the accompanying appeal.
3. We have considered the reasons so assigned, more particularly those set out at paragraph No. 3 of the additional affidavit dated 24.06.2026.
4. In addition to that, we have also taken note of the additional affidavit filed on 02.09.2026 wherein certain averments made in the earlier additional affidavit have been rectified. We have also taken note of the affidavit-in-opposition filed by the respondents.
5. Having heard the learned counsel appearing on behalf of the parties and having perused the reasons so assigned, we are of the opinion that the grounds set out at paragraph No. 3 of the affidavit dated 24.06.2026 read with the additional affidavit dated 02.09.2026 constitute sufficient cause for condoning the delay of 277 days.
6. We are also of the opinion that as the State of Nagaland has policies for regularization, i.e., the Office Memorandum dated 22.09.2004 and the Office Memorandum dated 17.03.2015, the directions passed by the learned Single Judge, prima facie appear not to be in consonance with the settled principles of law, more particularly, the judgment of the Supreme Court in the case of State of Jammu and Kashmir & Others Vs. District Bar Association, Bandipora reported in (2017) 3 SCC 410.
7. Considering the above, we are of the opinion that this is a fit case wherein the delay is required to be condoned.
8. Accordingly, the delay of 277 days in preferring the accompanying Writ Appeal against the order dated 21.01.2025 passed in WP(C) No. 145/2024 is hereby condoned.
9. With the above, I.A. stands disposed of.
JUDGE JUDGE Comparing Assistant