ABEMO LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is a writ petition filed under Article 226 of the Constitution of India for the enforcement of the petitioner's fundamental rights by the petitioners who have been appointed as Drivers on contingency basis in the Planning and Co-ordination Department on fixed monthly wages by orders dated 4.7.2002, 7.9.2005, 16.5.2006, 1.7.2008, 17.7.2008 and 13.1.2009 respectively. After some time the petitioners were given scale pay in different dates in the pay band of Rs. 5200-20,200 with grade pay of Rs.1800/- per month. Having served for several years in the Department, the petitioners in the hope that their services will be regularized in the near future in terms of the Office Memorandums dated 17.3.2015, 22.9.2004 and 6.6.2016 kept serving the Department continuously. Thereafter, 3 posts of Drivers felt vacant one being vacated by Shri Kalu Dholi Sonar, Driver on 30.6.2018, second post of Driver fell vacant on 25.5.2018 on the demise of Shri Dhan Bahadur Gurung and the third fell vacant on 30.10.2019 due to the retirement of Shri K.B. Chetri, Head Driver. The petitioners were of the view that their case for regularization would be considered. However, the respondent No.3 by an order dated 3.7.2019 appointed the respondent Nos. 3 and 4. Being aggrieved, the petitioners filed their representation dated 2.9.2019 and subsequently issued legal notice dated 7.11.2019 upon the respondents. However, their representations were not considered. Thus, situated, the petitioner is before this Court praying for issuance of writ of certiorari or mandamus or any other appropriate writ to quash and set aside the impugned orders No.PLN-950/2000(Pt-I) dated 3.7.2019 annexed as Q1 of the petition and Order No.PLN/M-156/93(Pt-1) dated 3.7.2019 annexed as Q2 of the writ petition and to direct the respondents to consider their case for regularization against 67% of the 3 existing vacancies in terms of the scheme for regularization of work charged and casual employees which is contained in the Office Memorandum dated 17.3.2015 and 22.9.2004. The said Office Memorandums are quoted here below:

(2.) Revision of Pay/Wages of Work-Charged employees.

(3.) Conditions for implementation of the Scheme of Regularization and Revision of Pay: