Disposed

The State of Nagaland and 7 Ors. v. All Nagaland PWD Field Workers Association (Anpwdfwa) and 2 Ors.

Gauhati HC8 Feb 2024I.A.(Civil)/7/2024

Case brief

AI extract

What is this about?

State of Nagaland sought extension of time to comply with an earlier Court direction to pay less-drawn pay arrears for January–February 2015 to PWD workcharged employees. The respondent counsel urged earliest payment within the financial year. The Court granted extension till 30.04.2024 and disposed of the application.

What did the court decide?

Extension of time granted till 30.04.2024 for payment of the pay arrears.

The State of Nagaland and 7 Ors. Vs All… — Pension and Retirement Benefits | Gauhati HC (2024)

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Page No.# 1/5

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GAHC020000232024

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH

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Case No. : I.A.(Civil)/7/2024

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THE STATE OF NAGALAND AND 7 ORS

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THROUGH THE CHIEF SECRETARY TO THE GOVT. OF NAGALAND

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2: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND

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P AND AR DEPARTMENT NAGALAND KOHIMA

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3: THE FINANCE COMMISSIONER TO THE GOVERNMENT OF NAGALAND

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NAGALAND KOHIMA

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4: THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND

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WORKS AND HOUSING DEPARTMENT NAGALAND KOHIMA

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5: THE ENGINEER-IN-CHIEF

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NPWD KOHIMA NAGALAND

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6: THE CHIEF ENGINEER

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PWD(H) NAGALAND KOHIMA

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Page No.# 2/5

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7: THE CHIEF ENGINEER

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PWD(R AND B) NAGALAND KOHIMA

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8: THE CHIEF ENGINEER

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PWD(NH) NAGALAND KOHIM

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VERSUS

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ALL NAGALAND PWD FIELD WORKERS ASSOCIATION (ANPWDFWA) AND 2 ORS REPRESENTED BY THE PRESIDENT, SHRI K. ATOVI AWOMI HQ- KOHIMA, NAGALAND REGD. NO. ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993, MB-8414881722

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2:ALL NAGALAND PWD FIELD WORKERS ASSOCIATION(ANPWDFWA) REPRESENTED BY THE GENERAL SECRETARY

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SHRI. ZUBEMO NGULLIE HEADQUARTER - KOHIMA NAGALAND REGD. NO. ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 MB - 7628812960 3:ALL NAGALAND PWD FIELD WORKERS ASSOCIATION(ANPWDFWA) REPRESENTED BY THE JOINT SECRETARY SHRI. YANGTAN CHANG HEADQUARTER - KOHIMA NAGALAND REGD.NO.ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 MB - 985603774

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Advocate for the Petitioner : GOVT ADV NL

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Advocate for the Respondent :

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Page No.# 3/5

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Linked Case : WP(C)/338/2022

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ALL NAGALAND PWD FIELD WORKERS ASSOCIATION(ANPWDFWA) AND 2 ORS REPRESENTED BY THE PRESIDENT SHRI. K. ATOVI AWOMI HEADQUARTER - KOHIMA NAGALAND REGD. NO.ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 MB - 8414881722 2: ALL NAGALAND PWD FIELD WORKERS ASSOCIATION(ANPWDFWA) REPRESENTED BY THE GENERAL SECRETARY SHRI. ZUBEMO NGULLIE HEADQUARTER - KOHIMA NAGALAND REGD. NO. ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 MB - 7628812960 3: ALL NAGALAND PWD FIELD WORKERS ASSOCIATION(ANPWDFWA) REPRESENTED BY THE JOINT SECRETARY SHRI. YANGTAN CHANG HEADQUARTER - KOHIMA NAGALAND REGD.NO.ED/GSS/RS/2/2033/91-92(PT) DATED 24-03-1993 MB - 9856037745 VERSUS THE STATE OF NAGALAND AND 7 ORS THROUGH THE CHIEF SECRETARY TO THE GOVERNMENT OF NAGALAND KOHIMA

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND P AND AR DEPARTMENT NAGALAND

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Page No.# 4/5

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KOHIMA

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3:THE FINANCE COMMISSIONER TO THE GOVERNMENT OF NAGALAND

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NAGALAND KOHIMA

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4:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND

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WORKS AND HOUSING DEPARTMENT NAGALAND KOHIMA

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5:THE ENGINEER-IN-CHIEF

NPWD

KOHIMA NAGALAND

6:THE CHIEF ENGINEER

PWD(H) NAGALAND KOHIMA

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7:THE CHIEF ENGINEER

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PWD(R AND B) NAGALAND KOHIMA

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8:THE CHIEF ENGINEER

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PWD(NH) NAGALAND KOHIMA -----------Advocate for : SUPONGWATI WALLING Advocate for : GOVT ADV NL appearing for THE STATE OF NAGALAND AND 7 ORS

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BEFORE HON'BLE MR. JUSTICE NELSON SAILO

ORDER

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08.02.2024

Heard Mr. Moa Imchen, learned Senior Government Advocate appearing for the applicants, who submits that by filing this application the applicants seek for further extension of time for compliance with the direction of this Court passed on 10.08.2023, in WP(C)/338/2022. The learned counsel submits that by the said Order the State applicants have been directed to pay the less drawn pay arrears to the members of the petitioner association for the period of two (2) months w.e.f. 01.01.2015 to 28.02.2015 within a period of four (4) months from the date of receipt of a certified copy of the Order. The learned counsel submits that since the total amount of pay arrears to be paid is a substantial amount, the State applicants may be granted further three (3) months’ time to comply with the Court’s direction.

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Mr. Supongwati Walling, learned counsel appearing for the respondent Nos. 1 to 3/writ petitioners submits that considering the procedures required to be followed by the State applicants and also the financial position, Court had therefore granted four (4) months’ time for payment of the pay and arrears. He submits that if extension of time is to be granted the same should be within the financial year 2022-2023. He further submits that the members of the petitioner association are only Workcharged employees under the State Public Works Department, and therefore, the amount due to them should be given to them at the earliest.

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Considering the above submission, the State applicants are granted extension of time for compliance of the Court’s direction dated 10.08.2023, passed in WP(C)/338/2022 till 30.04.2024.

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The application accordingly stands disposed of.

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Sd/- JUDGE

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Comparing Assistant

The State of Nagaland and 7 Ors. v. All Nagaland PWD Field Workers Association (Anpwdfwa) and 2 Ors.

Case brief

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The State of Nagaland and 7 Ors. v. All Nagaland PWD Field Workers Association (Anpwdfwa) and 2 Ors.

Case brief

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What the court decided

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