Gauhati High Court

WP(C)/239/2025 of SHRI TAKUWATI AND 78 ORS Vs STATE OF NAGALAND AND 6 ORS on 7 September 2026

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GAHC020008292025 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/239/2025 SHRI TAKUWATI AND 78 ORS DESIGNATION - SECTIONAL ASSISTANT, ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER, PWD(R AND B),FEEDER ROAD TULI DIVISION,

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GAHC020008292025

THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : WP(C)/239/2025

SHRI TAKUWATI AND 78 ORS DESIGNATION - SECTIONAL ASSISTANT, ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER, PWD(R AND B),FEEDER ROAD TULI DIVISION, MOKOKCHUNG, NAGALAND. MB 8974684705. 2: SMTI. REKHA SAIKIA DESIGNATION - TRACER

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)TULI DIVISION

MOKOKCHUNG NAGALAND. MB- 9862894194

3: SHRI LALIT SAUD DESIGNATION - P/HELPER

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD (R AND B) FEEDER ROADS

TULI DIVISION MOKOKCHUNG NAGALAND.

4: SMTI. MEJAZUNGLA

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ADDRESS OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) FEEDER ROADS

TULI DIVISION MOKOKCHUNG NAGALAND.

5: SMTI. KUMSANGLA

DESIGNATION - JUGALI

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) FEEDER ROADS

TULI DIVISION MOKOKCHUNG NAGALAND.

6: SMTI. MHALO LOTHA DESIGNATION - TRACER

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) WOKHA DIVISION

WOKHA NAGALAND.

7: SHRI TSSENZAMO LOTHA DESIGNATION - KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) WOKHA DIVISION

WOKHA NAGALAND.

8: SHRI. HUVEZO DESIGNATION - SECTIONAL ASSISTANT

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ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) PFUTSERO DIVISION

PFUTSERO NAGALAND.

9: SHRI NGOCHINYI DESIGNATION - SECTIONAL ASSISTANT

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) PFUTSERO DIVISION

PFUTSERO NAGALAND.

10: NAME - SHRI VENGOZO

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) PFUTSERO DIVISION

PFUTSERO NAGALAND.

11: NAME - SHRI THEPFUNGULIE ANGAMI

DESIGNATION - SECTIONAL ASSISTANT

ADDRESS - OFFICE OF THE EXECUTIVE ENGINEER PWD(NH) DIVISION-I

KOHIMA NAGALAND.

12: NAME - SHRI PHYODEMO KIKON

DESIGNATION - KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(NH) DIVISION-I

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KOHIMA NAGALAND.

13: SHRI. BETHUNGLO LOTHA DESIGNATION-KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(NH) DIVISION-I

KOHIMA NAGALAND.

14: SHRI. W. YANBOMO LOTHA

DESIGNATION-SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

15: SHRI NATHAN MURRY

DESIGNATION-SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

16: SHRI EKONTHUNG LOTHA

DESIGNATION-SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA

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NAGALAND.

17: SHRI THUNGZAMO LOTHA

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

18: SHRI S. NCHUMBEMO

DESIGNATION KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

19: SMTI. LORENI LOTHA

DESIGNATION -SWEEPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

20: SHRI DILBAHADUR SONAR

DESIGNATION- CHOWKIDAR

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) BAGHTY DIVISION

WOKHA NAGALAND.

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21: SHRI. H. LIOSE SANGTAM

DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CENTRAL DIVISION

TUENSANG NAGALAND

22: SHRI J. WONGTO CHANG DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CENTRAL DIVISION

TUENSANG NAGALAND.

23: SHRI TAMA CHANG

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CENTRAL DIVISION

TUENSANG NAGALAND.

24: SHRI KIOREN YIMCHUNGER DESIGNATION- JUGALI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CENTRAL DIVISION

TUENSANG NAGALAND.

25: SHRI B. POMO CHANG DESIGNATION- JUGALI

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OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CENTRAL DIVISION

TUENSANG NAGALAND.

26: SHRI ZULUMONG SANGTAM DESIGNATION -JUGALI

OFFICE OF THE EXECUTIVE ENGINEER PWD (R AND B) CENTRAL DIVISION

TUENSANG NAGALAND.

27: SHRI IMKONGMEREN

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) CHANGTONGYA DIVISION

MOKOKCHUNG NAGALAND.

28: SHRI. A. HONKIM KONYAK

DESIGNATION- SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) MON DIVISION

MON NAGALAND.

29: SHRI WOKPHO KONYAK DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) MON DIVISION

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MON NAGALAND.

30: SHRI JUTOSHE SEMA

DESIGNATION- SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ATOIZU DIVISION

ZUNHEBOTO NAGALAND.

31: SHRI. HOVUKHU SEMA

DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ATOIZU DIVISION

ZUNHEBOTO NAGALAND.

32: SHRI VIHUTO SEMA

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) AGHUNATO DIVISION

ZUNHEBOTO NAGALAND.

33: SHRI NITOSHE

DESIGNATION- DAK-RUNNER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) AGHUNATO DIVISION

ZUNHEBOTO

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NAGALAND.

34: SHRI. Y. ADIN PHOM

DESIGNATION- C/HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(H) TUENSANG DIVISION

TUENSANG NAGALAND.

35: SHRI MUTHINGBA SANGTAM

DESIGNATION -CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(H) TUENSANG DIVISION

TUENSANG NAGALAND.

36: SHRI TSISEKYU SANGTAM

DESIGNATION -CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(H) TUENSANG DIVISION

TUENSANG NAGALAND.

37: SHRI KHONGUBA CHANG

DESIGNATION -PAINTER HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(H) TUENSANG DIVISION

TUENSANG NAGALAND.

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38: SHRI. ASHOK KUMAR DEY DESIGNATION -FITTER HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(H) TUENSANG DIVISION

TUENSANG NAGALAND. CENTRAL DIVISION KOHIMA - NAGALAND.

39: SHRI. TONHEI KONYAK

OFFICE OF THE EXECUTIVE ENGINEER(H) MON SUB-DIVISION KOHIMA-I

40: SHRI. WANGYING KONYAK DESIGNATION SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER(H) MON SUB-DIVISION KOHIMA-I

41: SHRI. ENGA KONYAK

DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER(H) MON SUB-DIVISION KOHIMA-I

42: SHRI CHUMZAMO LOTHA DESIGNATION CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION

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43: SHRI ELITHUNG DESIGNATION -CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION.

44: SHRI MERIO LOTHA DESIGNATION -CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION.

45: SHRI UMA SHANKAR YADEV

DESIGNATION -CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION

46: SHRI. LITHUNGMOMO LOTHA

DESIGNATION -FITTER HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION.

47: SHRI MATAO LOTHA

DESIGNATION MASON HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION.

48: SHRI KHUMBEMO LOTHA

DESIGNATION KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD (H) WOKHA SUB-DIVISION.

49: SHRI WANGLAN KONYAK DESIGNATION- KHALASI

OFFICE OF THE EXECUTIVE ENGINEER

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MON SUB-DIVISION KOHIMA-I.

50: SHRI KAHUTO SEMA

DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER (H)

EDUCATION DIVISION

KOHIMA NAGALAND

51: SHRI. S. SETSUBA SANGTAM

OFFICE OF THE EXECUTIVE ENGINEER (H)

EDUCATION DIVISION

KOHIMA NAGALAND.

52: SHRI KAKUHO SEMA

OFFICE OF THE EXECUTIVE ENGINEER (H)

EDUCATION DIVISION

KOHIMA NAGALAND.

53: SHRI T. KHUHEZHE

AGE-67 DESIGNATION- CARPENTER

OFFICE OF THE EXECUTIVE ENGINEER (H)

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EDUCATION DIVISION

KOHIMA NAGALAND.

54: SHRI VIKUTO SEMA

AGE-64 DESIGNATION -CARPENTER

OFFICE OF THE EXECUTIVE ENGINEER

PWD(H) MOKOKCHUNG DIVISION

MOKOKCHUNG NAGALAND.

55: SHRI AKAITO SEMA

AGE-59 DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER

PWD (H) DIMAPUR DIVISION

DIMAPUR NAGALAND.

56: SHRI V. TOKIHO SEMA

DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

ZUNHEBOTO NAGALAND.

57: SHRI NILANKATA SHARMA DESIGNATION -JUGALI

OFFICE OF THE EXECUTIVE ENGINEER

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PWD(R AND B)

DIMAPUR NAGALAND.

58: SMTI. PHYOBENI LOTHA DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

DIMAPUR NAGALAND.

59: SMTI. ZUBENI LOTHA DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) DIMAPUR NAGALAND.

60: SMTI. YILOBENI ODIO

DESIGNATION HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

DIMAPUR NAGALAND.

61: SHRI SIEVI ANGAMI AGE-63 DESIGNATION -JUGALI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) SOUTH DIVISION

KOHIMA NAGALAND.

62: SHRI T. CHINGANG KONYAK AGE-57

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DESIGNATION KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) NAGINIMORA DIVISION MON NAGALAND.

63: SHRI. BIKASH BORAH AGE-61 DESIGNATION -KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

MOKOKCHUNG NAGALAND

64: SMTI. HANSI RENGMA AGE-61 DESIGNATION -PAINTER HELPER (WORK-CHARGED) OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

TSEMINYU NAGALAND.

65: SHRI. CHUNKHA RENGMA AGE-62 DESIGNATION- CARPENTRY HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B)

TSEMINYU NAGALAND

66: SMTI. AKUMLA JAMIR AGE-36 DESIGNATION -HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) RLC

DIMAPUR

Page No.#16/29

NAGALAND.

67: SHRI. AKISHE SEMA AGE-62 DESIGNATION PAINTER HELPER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) PUGHOBOTO DIVISION

ZUNHEBOTO NAGALAND.

68: SHRI K. NGUSHE KONYAK

DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

69: SHRI MANGBA KONYAK

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

70: SHRI ALAO KONYAK

AGE-67 DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

Page No.#17/29

71: SHRI C. SHEPONG KONYAK

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

72: SHRI HONGPE KONYAK

AGE-65 DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

73: SHRI KAMLING KONYAK

AGE-60 DESIGNATION -SECTIONAL ASSISTANT

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND

74: SHRI E. SHOLEM KONYAK

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

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75: SHRI M. GOGOI AGE-58 DESIGNATION -DRIVER

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

76: SHRI CHATNYU KONYAK

AGE-57 DESIGNATION KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

77: SHRI MANGAN KONYAK DESIGNATION - KHALASI OFFICE OF THE EXECUTIVE ENGINEER PWD ( R AND B) ABOI DIVISION

MON NAGALAND.

78: SHRI Y. YANKANG

DESIGNATION KHALASI

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND.

79: SHRI J. MOPA KONYAK

AGE-58 DESIGNATION KHALASI

Page No.#19/29

OFFICE OF THE EXECUTIVE ENGINEER PWD(R AND B) ABOI DIVISION

MON NAGALAND

VERSUS

STATE OF NAGALAND AND 6 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND, KOHIMA, NAGALAND. PIN CODE-797001 2:THE COMMISSIONER AND SECRETARY

TO THE GOVERNMENT OF NAGALAND

PANDAR DEPARTMENT

NAGALAND KOHIMA. PIN CODE-797001

3:THE FINANCE COMMISSIONER

NAGALAND KOHIMA. PIN CODE-797001

4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND

WORKS AND HOUSING DEPARTMENT

NAGALAND KOHIMA. PIN CODE-797001

5:THE ENGINEER-IN-CHIEF

NPWD. NAGALAND

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KOHIMA. PIN CODE-797001

6:THE CHIEF ENGINEER

PWD(R AND B) NAGALAND KOHIMA. PIN CODE-797001

7:THE CHIEF ENGINEER

PUBLIC WORKS DEPARTMENT(H) NAGALAND KOHIMA. PIN CODE-79700

Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS,T SEKMOU CHANG Advocate for the Respondent : GOVT ADV NL,

BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY

ORDER

Date : 08-09-2026

Heard Mr. Supongwati Walling, learned counsel for the petitioners and Ms. A. Ayemi, learned Government Advocate for the State of respondents.

2. The writ petitioners, seventy nine in nos., have joined together to prefer the present writ petition stating that they have a common cause of action. It is stated that the writ petitioners were all employees under the Public Works Page No.#21/29

Department, Government of Nagaland. It is mentioned that when despite rendering services as work-charged employee with scale of pay for more than thirty years continuously in the Department, they were not considered for regularization, they along with other similarly situated persons, total 283 in nos., had to approach this Court by way of a writ petition, W.P.[C] no. 178/2023 seeking inter alia a direction to the State respondents impleaded therein for regularization of their services in terms of the State Government’s Policy formulated and notified vide an Office Memorandum no. AR-3/GEN-201/2009 dated 17.03.2015 issued under the hand of the Chief Secretary to the Government of Nagaland.

2.1. It was represented on behalf of the writ petitioners in W.P.[C] no. 178/2023 that despite continuous service of more than thirty years as Work- Charged employees with Scale Pay, their services were not considered for regularization and absorption by the State respondents. The writ petition was taken up for consideration on 13.05.2024 after filing of affidavits by the State respondents. In the affidavit-in-opposition, the State respondents had projected that the cases of the writ petitioners were already forwarded to the State Government for consideration. However, their cases were not taken up by the Manpower Rationsalisation Committee and the process of regularization would go through a number of stages to culminate finally in approval from the State Cabinet.

2.2. Having heard the learned counsel for the parties and taking note of the fact that the writ petitioners were retiring from their services, the Court disposed of the writ petition, W.P.[C.] no. 178/2023 with a direction to the State respondents to regularize the services of the writ petitioners in terms of the Office Memorandum dated 17.03.2015 within a period of 6 [six] months from the date of receipt of a certified copy of the Order dated 13.05.2024.

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3. Pursuant to the Order dated 13.05.2024, the State respondents considered the cases of the petitioners. Vide Office Orders, dated 25.02.2025, the services of the present petitioner nos. 1 - 38 and 56 - 79 were regularized under various Divisions of the Public Works Department, Government of Nagaland in the pay level indicated therein. By Office Orders, dated 27.02.2025, the other present writ petitioners, that is, the petitioner nos. 39 - 55 were regularized under various Divisions of the Public Works Department, Government of Nagaland in the pay level indicated therein plus other allowances as were admissible under the Rules in force from time to time.

4. It is stated in this writ petition, that the cause of action for the writ petitioners to approach this Court again is that in the afore-mentioned Office Orders, the effect of regularization was given from the date of the decision of the State Cabinet. The petitioners have highlighted the following events, which are delineated in a tabular form as under :- Sl. No. Name & Designation Date of entry into service Date of completion of 30 years Date of retirement Effective date of Regularizati on as per Impugned Regularizati on Order

1. Shri. Takuwati, S.A

19-09-1986 19-09-2016

2. Smti. Rekha Saikia, Tracer

21-10-1987 21-10-2017

3. Shri. Lalit Saud, Painter/Helper

24-09-1987 24-09-2017 30-09-2022 29-09-2022

4. Smti. Mejazungla, Khalasi

21-04-1989 21-04-2019 30-04-2024 29-04-2024

5. Smti. Kumsangla, Jugali

19-10-1987 19-10-2017

6. Smti. Mhalo Lotha, Tracer

01-02-1988 01-02-2018

7. Shri. Tssenzamo Lotha, Khalasi

23-02-1989 23-02-2019

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8. Shri. Huvezo, S.A

08-06-1987 08-06-2017 30-04-2018 29-04-2018

9. Shri. Ngochiyi, S.A

06-02-1988 28-02-2018 31-07-2022 30-07-2022

10. Shri. Vengozo, Khalasi

29-05-1989 29-05-2019

11. Shri. Thepfungulie Angami, S.A

18-06-1987 18-06-2017 31-07-2018 30-07-2018

12. Shri. Phyodemo Kikon, Khalasi

31-03-1989 31-032019 31-03-2024 30-03-2024

13. Shri. Benthunglo lotha, Khalasi

05-12-1988 05-12-2018 31-12-2023 30-12-2023

14. Shri. W. Yanbomo Lotha, S.A

16-08-1985 16-08-2015 31-03-2020 30-03-2020

15. Shri. Nathan Murry, S.A

21-10-1987 21-10-2017

16. Shri. Ekonthung Lotha, S.A

21-07-1987 21-07-2017 31-07-2022 30-07-2022

17. Shri. Thungzamo Lotha, S.A

18-09-1986 18-09-2016 30-09-2021 29-09-2021

18. Shri. S. Nchumbemo Khalasi

21-09-1987 21-09-2017 30-09-2022 29-09-2022

Smti. Loreni Lotha, Sweeper

21-11-1985 21-11-2015 30-11-2020 29-11-2020

20. Shri. Dilbahadur Sonar, Chowkidar

21-11-1985 21-11-2015 30-11-2015 29-11-2020

21. Shri. H. Liose Sangtam, S.A

08-04-1991 08-04-2001 29-02-2024 28-02-2024

22. Shri. J. Wangto Chang, S.A

04-10-1987 04-10-2017

23. Shri. Tama Chang, Jugali

04-10-1987 31-10-2017 30-09-2022 29-09-2022

24. Shri. Kioren Yimchunger, Jugali

01-11-1987 01-11-2017 22-11-2022 29-11-2022

25. Shri. B. Pomo Chang, Jugali

06-02-1988 06-02-2018

26. Shri. Zulumong Sangtam, Jugali 30-06-1989 30-06-2019 28-02-2014 27-02-2024

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27. Shri. Imkongmeren, Jugali

30-09-1987 30-09-2017 30-09-2022 29-04-2022

28. Shri. Honkim Konyak, S.A

02-03-1987 02-03-2017 31-03-2022 30-03-2022

29. Shri. Wokpho Konyak, Khalasi

20-02-1988 20-02-2018 31-03-2022 30-03-2022

30. Shri. Jutoshe Sema, S.A

01-09-1987 01-09-2017

31. Shri. Hovukhu Sema, S.A

21-08-1981 21-08-2011 31-04-2015 29-04-2015

32. Shri. Vihuto Sema, Jugali

09-04-1987 09-04-2017 31-04-2022 29-04-2022

33. Shri. Nitoshe, Dak Runner

08-04-1987 08-04-2017 31-04-2022 29-04-2022

34. Shri. Y. Adin Phom, Carpenter/Helper

27-05-1986 27-05-2016 31-08-2019 30-08-2019

35. Shri. Muthingba Sangtam, Carpenter/Helper

21-05-1986 21-05-2016 31-05-2021 30-05-2021

36. Shri. Tsisekyu Sangtam, Carpenter/Helper

05-09-1985 05-09-2015 30-09-2020 29-09-2020

37. Shri. Khonguba Chang,

24-05-1984 24-05-2014 31-05-2019 30-05-2019

38. Shri. Ashok Kumar Dey, Fitter Helper

21-03-1987 21-03-2017 31-03-2022 30-03-2022

39. Shri. Tonhei Konyak, S.A

24-11-1986 24-11-2016 30-11-2021 29-11-2021

40. Shri. Wanying Konyak, S.A

21-02-1987 21-02-2017 28-02-2022 27-02-2022

41. Shri. Enga Konyak, S.A

07-08-1987 07-08-2017 31-08-2022 30-08-2022

42. Shri. Chumzamo Lotha, Carpenter/Helper

21-04-1986 21-04-2016 31-07-2017 30-07-2017

43. Shri. Elithung, Carpenter/Helper

02-03-1987 02-03-2017 31-03-2022 30-03-2022

44. Shri. Merio Lotha, Carpenter/Helper

21-08-1985 21-08-2015 31-08-2020 30-08-2020

45. Shri. Uma Shankar Yadev, Carpenter/Helper

21-11-15 30-11-2020 29-11-2020

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46. Shri. Lithungmomo Lotha, Fitter Helper

21-03-1986 21-03-2016

47. Shri. Matao Lotha, Carpenter/Helper

21-03-1986 21-03-2016 31-03-2021 30-03-2021

48. Shri. Khumbemo Lotha, Khalasi

20-12-1986 20-12-2016

49. Shri. Wanglan Konyak, Khalasi

07-01-1987 07-01-2017

50. Shri. Kahuto Sema, S.A

03-04-1987 03-04-2017 30-04-2022 29-04-2022

51. Shri. S. Setsuba Sangtam, S.A

03-04-1987 03-04-2017 03-04-2022 29-04-2022

52. Shri. Kakuho Sema, S.A

22-09-1987 22-09-2017 30-09-2022 29-09-2022

53. Shri. T. Khuhezhe, Carpenter

01-09-1989 01-09-2019 30-04-2018 29-04-2018

54. Shri. Vikuto Sema, Carpenter

03-04-1986 30-04-2016 30-04-2021 29-04-2021

55. Shri. Akaito Sema, Khalasi

10-05-1984 10-05-2014 31-05-2019 30-05-2019

56. Shri. V. Tokiho Sema, Khalasi

02-07-1989 02-07-2019 31-07-2024 30-07-2024

57. Shri. Nilankata Sharma, Jugali

21-12-1986 21-12-2016

58. Smti. Phyobeni Lotha, Khalasi

01-08-1987 01-08-2017 31-08-2022 30-08-2022

59. Smti. Zubeni Lotha, Khalasi

21-02-1988 21-02-2018

60. Smti. Yilobeni Odyuo, Helper

01-07-1989 01-07-2019 31-07-2024 30-07-2024

61. Shri. Sievi Angami, Jugali

25-05-1989 25-05-2019 30-11-2022 29-11-2022

62. Shri. Chingang Konyak, Khalasi 21-04-1988 21-04-2018 30-04-2023 29-04-2023

Page No.#26/29

5. According to the petitioners, they were regularized in service just one day prior to their respective date of retirement on superannuation. It is the contention of the writ petitioners that since they were enjoying Scale of Pay with

63. Shri. Bikash Borah, Khalasi

27-10-1987 27-10-2017

64. Shri. Hansi Rengma, Painter/Helper

21-05-1989 21-05-2019 30-04-2024 29-04-2024

65. Shri. Chunkha Rengma, C/Helper

29-10-1986 29-10-2016 31-10-2021 30-10-2021

66. Smti. Akumla Jamir, Helper

03-05-1989 03-05-2019 31-05-2024 30-05-2024

67. Shri. Akishe, Painter/Helper 01-03-1989 01-03-2019 31-12-2022 30-12-2022

68. Shri. K. Ngushe Konyak, S.A

21-05-1986 21-05-2016 31-05-2021 30-05-2021

69. Shri. Mangba Konyak, S.A

20-12-1986 20-12-2016

70. Shri. Alao Konyak, S.A

01-10-1986 01-10-2016 31-03-2018 30-03-2018

71. Shri. C. Shepong Konyak, S.A

10-09-1986 10-09-2016 30-09-2021 29-09-2021

72. Shri. Honpe Konyak, S.A 06-10-1986 6-10-2016 28-02-2021 27-02-2021

73. Shri. Kamling Konyak, S.A

25-07-1986 25-07-2016 31-07-2021 30-07-2021

74. Shri. E. Sholem Konyak, S.A

24-02-1988 24-02-2018

75. Shri. M Gogoi, Driver

25-09-1987 25-09-2017 30-09-2022 29-09-2022

76. Shri. Chatnyu Konyak, Khalasi

04-03-1987 04-03-2017 30-03-2022 30-03-2022

77. Shri. Mangan Konyak, Khalasi

21-06-1988 21-06-2018 30-06-2023 30-12-2021

78. Shri. Y. Yankang, Khalasi

01-09-1987 01-09-2017 30-09-2022 29-09-2022

79. Shri. J. Mopa Konyak, Khalasi

15-04-1987 15-04-2017 30-04-2022 29-04-2022

Page No.#27/29

more than thirty years of continuous service, their services ought to have been regularized immediately after completion of thirty years of continuous service. A projection has been made to the effect that services of a number of similarly situated Work-Charged employees who also enjoyed Scale of Pay like the present writ petitioners, were regularized and absorbed immediately after completion of their thirty years of continuous services as Work-Charged employees with Scale of Pay. By regularizing the services of the writ petitioners just one day prior to their respective dates of retirement on superannuation, the writ petitioners have been meted out a discriminatory treatment, which is clearly a violation of Article 14 of the Constitution of India.

6. It is submitted that highlighting the above facts and grievances, the writ petitioners had submitted a Representation before the respondent no. 5 on 18.09.2025 for giving consideration to their grievances and a request was made to change their effective date of regularization in service with effect from the date of completion of thirty years of continuous services as Work-Charged employees with Scale of Pay, as indicated in Column no. 4 in the above table. It is submitted that as the State respondent authorities who are to give consideration to the Representation, are not paying heed to the grievances raised by the writ petitioners in the said Representation dated 18.09.2025, they have to approach this Court by the present writ petition.

7. In response to the submissions made by Mr. Walling, learned counsel for the writ petitioners highlighting as above, Ms. Ayemi, learned Government Advocate has submitted that as the Representation dated 18.09.2025 is stated to be pending, as on date, before the State respondents, the writ petition can be disposed of with a direction to the respondent authorities to take the said Representation for consideration and after giving consideration, to dispose of the same by way of a speaking order. Mr. Walling, learned counsel for the petitioners has submitted that a direction be made to consider and dispose of the writ petition dated 18.09.2025 by way of a speaking order within a Page No.#28/29

reasonable period of time. In response, Ms. Ayemi has submitted that a period of two months may be granted to dispose of the writ petition by way of a speaking order.

8. It is pertinent to mention that the Office Memorandum dated 17.03.2015 of the Personnel & Administrative Reforms Department, Government of Nagaland was notified on the subject : ‘Scheme for Regularization and Absorption of Work-Charged and Casual Employees and Revision of Pay/Wages’. The main criteria mentioned in the Scheme were to the effect that all existing Work-Charged and Casual Employees of various Departments who were enjoying Scale Pay and who had completed thirty years or more continuous service, as on 01.01.2015, would be regularized by conversion of their posts into regular ones, which would be personal to them, subject to fulfillment of the other conditions set forth therein.

9. In view of the broad consensus arrived at by the learned counsel for the parties in the afore-stated manner, this Court is of the considered view that instead of keeping the writ petition pending, the same can be disposed of with a direction to the respondent authorities to take the Representation dated 18.09.2025, stated to have been submitted already by the writ petitioners, on board and thereafter, on consideration, to dispose of the same by way of a speaking order. It is needless to observe that while disposing of the writ petition, the respondent authorities shall consider the provisions of Scheme notified by the State Government vide Office Memorandum dated 17.03.2015 on the subject : ‘Scheme for Regularization and Absorption of Work-Charged and Casual Employees and Revision of Pay/Wages’ and also, the instances of similarly situated work-charged employees, who were stated to have been regularized immediately after completion of thirty years of continuous service as Work-Charged employees with Scale of Pay. It is accordingly ordered. The speaking order is to be passed within a period of two months from the date of submission of a certified copy of this Order along with a copy of the writ petition Page No.#29/29

with annexures by the petitioners at the Office of the respondent no. 5. The speaking order is to be communicated immediately thereafter to the Authorized Representative of the writ petitioners, which is to be indicated by the writ petitioners at the time of submission of the certified copy of this Order.

10. The writ petition is disposed of in the afore-said terms. No Cost.

Sd/-

JUDGE

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