Disposed

Smti. Alila Ao v. the State of Nagaland and 5 Ors.

Gauhati HC15 Mar 2026WP(C)/82/2025

Case brief

AI extract

What is this about?

The Gauhati High Court disposed of a writ petition where a petitioner sought regularization as a contingency paid sweeper. The court directed authorities to consider the case for regularization under specific orders within four months.

What did the court decide?

Directing respondent authorities to consider the petitioner's case for regularization under OM dated 17.03.2015 read with Notification and OM dated 05.03.2025 within four months.

Smti. Alila Ao Vs the State of Nagaland and… — Pension and Retirement Benefits | Gauhati HC (2026)

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GAHC020002222025

2026:GAU-NL:119

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

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Case No. : WP(C)/82/2025

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SMTI. ALILA AO D/O LT. NUNGSHI AO R/O UPPER NST COLONY WOKHA NAGALAND

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VERSUS

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THE STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF JUSTICE AND LAW GOVERNMENT OF NAGALAND NAGALAND KOHIMA

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2:THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF NAGALAND PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT NAGALAND KOHIMA.

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3:THE ORGANIZATION AND METHOD OFFICER PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT NAGALAND KOHIMA.

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4:THE UNDER SECRETARY TO THE GOVERNMENT OF NAGALAND DEPARTMENT OF JUSTICE AND LAW NAGALAND

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KOHIMA.

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5:THE GUAHATI HIGH COURT REPRESENTED BY REGISTRAR GENERAL GUAHATI HIGH COURT GUWAHATI.

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6:THE REGISTRAR GUAHATI HIGH COURT KOHIMA BENCH KOHIMA NAGALAND KOHIMA.

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-----------Advocate for : MOA JAMIR

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Advocate for : BICHANO KITHAN, GOVT ADV NL appearing for THE STATE OF NAGALAND AND 5 ORS Advocate for respondent Nos. 5 & 6 : LELIMTHONG P. YIMCHUNGER

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BEFORE:

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HON'BLE MR. JUSTICE DEVASHIS BARUAH JUDGMENT & ORDER (ORAL)

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16.03.2026

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Heard Mr. Moa Jamir, learned counsel appearing on behalf of the petitioner in the batch of writ petitions. Ms. Bichano Kithan, learned Government Advocate appears on behalf of the State of Nagaland. Mr. Lelimthong P. Yimchunger, learned counsel appears on behalf of Mr. A. Zhimomi, learned counsel for respondent Nos. 5 and 6.

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2. The case of the petitioner herein is that vide an Office Order LAW/JE/10/87 dated 04.03.1989 the petitioner was appointed as a contingency paid Sweeper under the Office of the Additional Deputy Commissioner ADC(J), Wokha, Nagaland at a fixed pay of Rs. 450/- per month from 01.02.1989. Subsequent thereto vide Office Order dated 07.09.2017 the petitioner was appointed to the post of Sweeper under the

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establishment of District & Sessions Judge, Wokha for a period of one year w.e.f. 01.10.2017 in the scale of pay of Rs. 2250-55-2660-60-3200/under ROP 1999. The petitioner thereupon submitted a Representation seeking regularization. The same having not been considered the petitioner has therefore, approached this Court by filing the present writ petition.

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3. A perusal of the records of the present writ petition shows that this Court had issued notice almost 8 (eight) months’ back. The respondents have not filed any affidavit-in-opposition.

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4. It is brought to the attention of this Court that the issue involved in the present writ petition is covered by the Order passed by this Court in WP(C)/316/2023 dated 04.04.2025.

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5. This Court also finds it very pertinent to take note of that in terms with the Office Memorandum (OM) dated 17.03.2015 all existing Workcharged and Casual Employees of various Departments who were enjoying scale of pay and who have completed 30 (Thirty) years of service or more continuous service as on 01.01.2015 would be regularized by conversion of their posts into regular posts personal to them and subject to fulfillment of conditions as indicated in the said Memorandum. It is also pertinent to take note of that in terms with Clause 1(ii) of the OM dated 17.03.2015, those Work-charged and Casual Employees enjoying scale of pay and who have completed 30 (Thirty) years of continuous service after 01.01.2015 their case for regularization would be taken up subsequently in two batches, i.e. on 1^st July and 1^st January every year. It is very relevant to

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take note of that the OM dated 17.03.2015 only related to regularization and absorption of Casual and Work-charged Employees and revision of pay/wages. However, subsequently vide Notification dated 05.03.2025, all contingency, fixed and wage pay employees appointed on or before 06.06.2016 were deemed to be casual employees and hence, would come within the ambit of the OM dated 17.03.2015. For the purpose of the present adjudication, Notification dated 05.03.2025 is reproduced herein under:-

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“GOVERNMENT OF NAGALAND

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PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT (ADMINISTRATIVE REFORMS BRANCH) NAGALAND: KOHIMA

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No.AR/LEGAL-5/8/2024 Dated: Kohima, the 5th March, 2025.

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NOTIFICATION

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Sub: Inclusion of Contingency, Fixed and Wage paid employees as Casual Employees under the Nagaland Workcharged and Casual Employees Regulation Act, 2001.

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In exercise of powers conferred by sub-section 4 (b) & (c) of Chapter III of the Nagaland Work-charged and Casual employees Regulation Act, 2001, the State Government of Nagaland hereby notifies that all Contingency, Fixed and Wage paid employees appointed on or before the 6 June, 2016 shall be deemed to be Casual employees and shall henceforth come under the Work Charged and Casual Employees Commission and shall be eligible for the Schemes and provisions so notified under the provisions of the

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Act.

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A verification of such employees will be conducted on the direction of the Work Charged and Casual Employees Commission.

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The employees so verified shall be eligible for regularisation under clause 1 (1) and (iii) of the Scheme for regularisation and absorption of Work-charged and Casual Employees and Revision of Wages notified vide OM No.AR-3/GEN-201/2009 dated 17th March, 2015.

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This is issued with approval of the Cabinet vide No. CAB1/14/2023 dated 25 February, 2025.

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Sd/-Dr. J. ALAM, IAS Chief Secretary to the Govt. of Nagaland. Dated: Kohima, the 5th March, 2025.”

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6. It is also very relevant to take note of another OM dated 05.03.2025 whereby Work-charged and Casual Employees in all Departments whose name has been duly verified by the District Level Committee and registered in the PIMS, receiving fixed pay would be granted the scale of pay as per the Revision of Pay, 2015 w.e.f. 01.04.2025. The said OM being relevant is reproduced herein under:-

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GOVERNMENT OF NAGALAND

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PERSONNEL AND ADMINISTRATIVE REFORMS DEPARTMENT (ADMINISTRATIVE REFORMS BRANCH) NAGALAND:KOHIMA

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No. AR-3/GEN-67/2001 Dated Kohima, the 5th March 2025

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OFFICE MEMORANDUM

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Sub: Conversion of wages of Work-Charged & Casual Employees to scale pay as per Revision of Pay (ROP) 2015.

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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 25th February 2025, all Work-Charged and Casual employees in all the Departments, whose names 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 Work-Charged and Casual employees are directed to expedite the conversion accordingly.

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Sd/-Dr J. Alam, IAS Chief Secretary to the Govt. of Nagaland Dated Kohima, the 5th March 2025"

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7. In view of the Notification as well as OM dated 05.03.2025 as reproduced herein above, it is the opinion of this Court that as the petitioners herein have already completed more than 30 (Thirty) years of service her case ought to have been considered for regularization in terms with the OM dated 17.03.2015 read with Notification as well as OM dated 05.03.2025. Accordingly, the writ petition stands disposed of with the following observations and direction:-

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(i) The respondent authorities and more particularly the respondent Nos. 1, 2, 4 and 6 are directed to take effective steps for the

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purpose of consideration of the case of the petitioner in terms with the OM dated 17.03.2015 read with the Notification and OM dated 05.03.2025; and

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(ii) the said exercise be carried out within a period of 4 (four) months from the date a certified copy of the present Judgment is served upon the respondent No. 6, i.e. the Registrar, Gauhati High Court Kohima Bench.

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8. There shall be no order of cost.

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JUDGE

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Comparing Assistant

Smti. Alila Ao v. the State of Nagaland and 5 Ors.

Case brief

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Smti. Alila Ao v. the State of Nagaland and 5 Ors.

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