Shri Keduokholie Vs State of Nagaland and 3 Ors.

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GAHC020005742024

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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. : WP(C)/209/2024

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SHRI KEDUOKHOLIE TYPIST (SKILLED GD. II) UNDER THE ESTABLISHMENT OF THE ASSISTANT DIRECTOR OF FOOD AND CIVIL SUPPLIES KOHIMA NAGALAND

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VERSUS

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STATE OF NAGALAND AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY 'GOVT. OF NAGALAND NAGALAND KOHIMA 2:THE FINANCE COMMISSIONER GOVT. OF NAGALAND NAGALAND KOHIMA

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3:THE DIRECTOR FOOD AND CIVIL SUPPLIES NAGALAND DIMAPUR 4:ADDITIONAL DIRECTOR FOOD AND CIVIL SUPPLIES NAGALAND KOHIM

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Advocate for the Petitioner : MOA JAMIR, M JEMU,M SOLO,MANHEIH KONYAK,THEJANUO METHA,T.METSIEO,SHISA JAMIR

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Advocate for the Respondent : GOVT ADV NL,

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BEFORE HON'BLE MR. JUSTICE BUDI HABUNG

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ORDER

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Date : 12-03-2025

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Heard Mr. Moa Jamir, learned counsel appearing for the petitioner. Also heard Ms. Bichano learned Government Advocate appearing for the State respondents.

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By filing this writ petition under Article 226 of the Constitution of India, the petitioner is seeking direction to the respondent authorities to consider his case for granting higher scale of pay.

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The case of the petitioner is that by office order No.KSE-4/2002-03/93-94 dated 25.07.2002, he was appointed as Casual Labour in the fixed pay of Rs.750/PM w.e.f.01.07.2002 and posted under the establishment of Assistant Director, Food & Civil Supplies, Peren, Nagaland. Thereafter, he was granted fixed pay of Rs.6300/PM as per the policy of the Government for grant of fixed pay for skilled employees. Since then the petitioner has been serving the Department for about 23 years.

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The further case of the petitioner is that earlier the petitioner submitted representation dated 22.09.2022 before the authority for granting him a minimum regular scale of pay as paid to the regular employees holding the same post. The said representation was not considered therefore, being aggrieved he filed a writ petition before this Hon’ble Court being W.P.(C) 114/2023. This Hon’ble Court vide order dated

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Page No.# 3/5 23.06.2022, disposed of the said writ petition with a direction to the respondent authorities to take a decision on the petitioner’s representation for grant of minimum scale of pay. However, the respondent authorities rejected the representation of the petitioner stating that there is no Government policy for granting minimum scale of pay to the work charged fixed pay employees.

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The learned counsel for the petitioner further submits that, in a similar case, this Court, by order dated 24.9.2018, passed in W.P.(C) 165 to 168(K)/2018, directed the State respondents to consider the petitioner’s case for granting a scale of pay. Accordingly, in compliance with the Court’s order, the respondent authorities, by office order dated 23.1.2020, granted a scale of pay to the petitioners. It is submitted that the case of the present petitioner is similarly situated and squarely covered by those cases.

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However, at this stage, the learned counsel for the petitioner has presented Office Memorandum No.AR-3/GEN-67/2001 dated 5.3.2025, issued by the Chief Secretary, Government of Nagaland. This memorandum pertains to conversion of wages of work-charged and casual employees to scale pay as per the Revision of Pay (ROP) 2015, which is reproduced below for ready reference:-

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“ On the recommendation of the Nagaland Work-Charged and Casual Employees Commission and in pursuance of the Cabinet’s decision conveyed vide letter No.CAB-1/14/.2023 dated 25^th February 2025, all WorkCharged and Casual Employees in all the Departments,

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Page No.# 4/5 whose name have been duly verified by the District Level verification Committee and registered in PIMS, receiving fixed pay shall be granted scale of pay as per the Revision of Pay, 2015 with effect from 01.04.2025.

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Therefore, all departments having WorkCharged and Casual employees are directed to expedite the conversion accordingly.”

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In light of the above Office Memorandum, the learned counsel for the petitioner submits that, since the Government has already granted a scale of pay to the work-charged and casual employees as per the revision of Pay 2015, this writ petition should be disposed of with a direction to the respondent authorities to consider the petitioner’s case according to the Office Memorandum dated 5.3.2025.

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Ms. Bichano, learned Government Advocate, who previously mentioned that the State Government is framing a comprehensive policy on the remuneration and terms of service for contingency and fixed pay employees, now submits that given the issuance of Office Memorandum dated 5.3.2025, she has no objection to the request made by the petitioner’s counsel.

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In light of the Office Memorandum issued by the Chief Secretary to the Government of Nagaland on 5.3.2025, and with the consent of the parties, this writ petition is disposed of with a direction to the respondents authorities to consider the petitioner’s case for granting a scale of pay as per the revision of Pay, 2015, in accordance with Office Memorandum No.AR-3/GEN67/2001, dated 5.3.2025, within a period of 3(three)

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months from the date of receipt of a certified copy of this order.

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With these observations, this writ petition stands disposed of.

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Sd/JUDGE

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Comparing Assistant

Shri Keduokholie v. State of Nagaland and 3 Ors.

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Shri Keduokholie v. State of Nagaland and 3 Ors.

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