Smti. S. Innyu K and 7 Ors. v. the State of Nagaland and 3 Ors.

Gauhati HC11 Mar 2026WP(C)/170/2024

Case brief

AI extract

What is this about?

Work-Charged employees; regularisation of services; Public Health Engineering Department (PHED), Nagaland; Office Memorandum dated 17.03.2015 of Chief Secretary, Government of Nagaland; 30 years continuous service; orders dated 18.03.2024 and 13.09.2024; superannuation after 26 years; writ petition disposed of; Gauhati High Court Kohima Bench; Kardak Ete, J.; WP(C)/170/2024; decision date 12-03-2026.

What did the court decide?

Writ petition disposed of; respondent authorities expected to consider the petitioners' cases for regularisation expeditiously in accordance with the Office Memorandum dated 17.03.2015. ¶¶39

Smti. S. Innyu K and 7 Ors. Vs the State of Nagaland and 3 Ors. — Gauhati HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of; respondent authorities expected to consider the petitioners' cases for regularisation expeditiously in accordance with the Office Memorandum dated 17.03.2015.

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Issue for consideration

Whether the respondent authorities should be directed to regularise the services of the petitioners, Work-Charged employees appointed between 1989 and 1994 in the PHED who claim over 30 years of continuous service, in terms of the Office Memorandum dated 17.03.2015 issued by the Chief Secretary to the Government of Nagaland.

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Court's answer

Since the services of some petitioners had already been regularised and the regularisation of the remaining petitioners (except petitioner No. 2) was under consideration by the State in terms of the Office Memorandum dated 17.03.2015, and as agreed to by learned counsel for the parties, no useful purpose would be served in keeping the matter pending; accordingly, the writ petition stands disposed of.

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Key takeaways

It is expected that the cases of the petitioners for regularisation shall be considered expeditiously by the respondent authorities in accordance with the Office Memorandum dated 17.03.2015.obiter¶¶40

Detailed headnote1 paragraphs

Gauhati High Court (Kohima Bench), WP(C)/170/2024, decided 12-03-2026 by Kardak Ete, J.: Eight Work-Charged employees of the Public Health Engineering Department, Government of Nagaland (appointed between 1989 and 1994, attached to the offices of the Executive Engineers, PHED, Mon, Kohima and Tuensang), prayed for a direction to regularise their services in terms of the Office Memorandum dated 17.03.2015 issued by the Chief Secretary to the Government of Nagaland, a policy for regularisation of Work-Charged and Casual employees in scale pay who have completed or will complete 30 years of continuous service. Respondent No. 4 (Chief Engineer, PHED) stated in its affidavit that some petitioners had already been regularised vide orders dated 18.03.2024 and 13.09.2024; petitioner No. 2 joined on 18.05.1997, superannuated after 26 years of service and could not be regularised; and regularisation of the remaining petitioners was under process. As agreed to by learned counsel for the parties, the Court held that no useful purpose would be served in keeping the matter pending and disposed of the writ petition, expressing the expectation that the pending regularisation cases be considered expeditiously in accordance with the Office Memorandum dated 17.03.2015.

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Page No.# 1/5

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GAHC020004662024

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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)/170/2024

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SMTI. S. INNYU K AND 7 ORS CODE NO. MON-0106 CHOWKIDAR OFFICE OF THE EXECUTIVE ENGINEER PHED

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MON NAGALAND

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2: SMTI. C. MAIYAM

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CODE NO. MON-0381 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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3: SHRI THRATAI KONYAK CODE NO. MON-0187 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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4: SHRI AKWANG K CODE NO. MON-0581 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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5: SHRI PHULEM KONYAK CODE NO. MON-0151 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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Page No.# 2/5

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6: SHRI MANJOI KONYAK CODE NO. MON-0206 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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7: SHRI TEIWANG KONYAK CODE NO. MON-0221 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED MON NAGALAND

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8: SHRI N. SHOPU CODE NO. TSG-0187 WORK CHARGED KHALASI OFFICE OF THE EXECUTIVE ENGINEER PHED TUENSANG NAGALAN

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VERSUS

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THE STATE OF NAGALAND AND 3 ORS THROUGH THE CHIEF SECRETARY NAGALAND KOHIMA

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2:THE COMMISSIONER AND SECRETARY

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DEPARTMENT OF P AND AR DEPARTMENT KOHIMA NAGALAND 797001.

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3:THE COMMISSIONER AND SECRETARY

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GOVERNMENT OF NAGALAND PHED KOHIMA NAGALAND 797001.

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4:THE CHIEF ENGINEER

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DEPARTMENT OF PHED KOHIMA NAGALAND

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Page No.# 3/5

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797001

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Advocate for the Petitioner : SUPONGWATI WALLING, R ATSULA KIPS

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Advocate for the Respondent : GOVT ADV NL,

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BEFORE HONBLE MR JUSTICE KARDAK ETE

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ORDER

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Date : 12-03-2026

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Heard Ms. T. Sekmou Chang, learned counsel appearing on behalf of Mr. S. Walling, learned counsel for the petitioners. Also heard Ms. Bichano, learned counsel appearing on behalf of Ms. S. Chang, learned Government Advocate for the respondents.

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2. By filing this petition, the petitioners have prayed for a direction to the respondent authorities to regularise their services in terms of the Office Memorandum dated 17.03.2015 issued by the Chief Secretary to the Government of Nagaland.

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3. It is the case of the petitioners that they are permanent residents of different districts in the State of Nagaland and are working as Work-Charged (Scale) employees, having been appointed between 1989 and 1994 in the Public Health Engineering Department, Government of Nagaland. Petitioner Nos. 1 to 3 and 5 to 7 are attached to the office of the Executive Engineer, PHED, Mon District; petitioner No. 4 is attached to the office of the Executive Engineer, PHED, Kohima; and petitioner No. 8 is attached to the office of the

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Page No.# 4/5

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Executive Engineer, PHED, Tuensang District.

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4. The petitioners claim that, although they have been serving for more than 30 years as Work-Charged employees, the respondent authorities have failed to regularise their services in accordance with the Office Memorandum, which is a policy of the State Government for the regularisation of Work-Charged and Casual employees in scale pay who have completed or will complete 30 years of continuous service. Therefore, the petitioners pray that the respondent authorities be directed to regularise their services, as they have completed 30 years of service as Work-Charged employees in terms of the Office Memorandum dated 17.03.2015.

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5. The respondent No. 4, i.e., the Chief Engineer, PHED, Government of Nagaland, has filed an affidavit wherein it has been categorically stated that the services of some of the petitioners have already been regularised vide orders dated 18.03.2024 and 13.09.2024. As regards the petitioner No. 2, it has been stated that he joined service on 18.05.1997 and upon attaining the age of superannuation, he was released from service and since he had completed only 26 years of service, his service could not be regularised. In respect of the other petitioners, the process for regularisation of their services is stated to be under process in terms of the Office Memorandum dated 17.03.2015.

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6. Considering that the services of some of the petitioners have already been regularised and the process for regularisation of the remaining petitioners, except the

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Page No.# 5/5 petitioner No. 2, is under consideration by the State authorities in terms of the Office Memorandum dated 17.03.2015 and as agreed to by the learned counsel for the parties, this Court is of the view that no useful purpose would be served in keeping the matter pending. Accordingly, the writ petition stands disposed of.

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7. It is, however, expected that the cases of the petitioners for regularisation shall be considered expeditiously by the respondent authorities in accordance with the Office Memorandum dated 17.03.2015.

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JUDGE

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Comparing Assistant

Smti. S. Innyu K and 7 Ors. v. the State of Nagaland and 3 Ors.

Case brief

What is this about?

What did the court decide?

Smti. S. Innyu K and 7 Ors. v. the State of Nagaland and 3 Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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