Shri. Pankathung Ezung and 20 Ors. v. the State of Nagaland and 4 Ors.
Case brief
What is this about?
Nagaland SSA/RMSA ad-hoc Primary and Graduate Teachers on fixed pay (Rs. 20,080/- and Rs. 27,400/-) sought mainstreaming into the State School Education Cadre and regular scale of pay claiming parity with the mainstreamed 2010 and 2013 batches; issues of equal pay for equal work, RTE Act 2009 s.23(3), s.38(2)(l) and Rule 20 RTE Rules 2010, Jagjit Singh (2017) 1 SCC 148 and Amos Seb W.A. 09/2020 distinguished; posts coterminous with scheme; rejection order dated 30.11.2022 set aside; fresh consideration of representation dated 10.10.2022, participation in recruitment with age relaxation; writ petitions disposed; Gauhati High Court Kohima Bench, Justice Susmita Phukan Khaund, WP(C)/7/2025, 2025:GAU-NL:530.
What did the court decide?
Impugned rejection order dated 30.11.2022 set aside; respondents directed to reconsider the representation dated 10.10.2022 afresh, consider the prayers for regularization and 'scale of pay' expeditiously, allow participation in any recruitment process for vacancies per existing norms and in accordance with law, with relaxation of the upper age limit for petitioners who have crossed it; no order as to costs.