TEKATEMJEN Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. Imti Longchar, learned counsel appearing for the petitioner as well as Mr. S. Mere, learned Government Advocate, appearing for the State-respondents. The petitioner, who was a member of Federal Government of Nagaland (FGN, in short) and underground set up surrendered before the Deputy Commissioner, Mokokchung, Nagaland on 05.08.1975 as per Shillong Accord in 1975, the surrendered undergrounds were rehabilitated by giving them service and other incentives. Accordingly, the petitioner was appointed as Work-Charged Khalasi (Jugali) under the establishment of Executive Engineer, Public Health Engineering Department (PHED, in short), Division-I, Mokokchung, Nagaland in the scale of pay of Rs. 190-3-226-4-250/- per month plus all other allowances vide order dated 28.02.1976.

(2.) The petitioner was promoted to work-charged Fitter, Grade-II vide order dated 19.04.1982 passed by Executive Engineer, (PHED), Mokokchung Division, Nagaland, Kohima. Thereafter, petitioner was again promoted to Mechanic Grade-I (Sic Fitte Grade-I) vide order dated 23.10.1987, passed by the Addl. Chief Engineer (PHED), Nagaland, Kohima. The petitioner's service book was maintained showing his joining w.e.f. 01.03.1976. After, his service of 19 years without any break, he was released on superannuation w.e.f. 01.04.1995. The grievance of the petitioner is that he was not paid any pension and retirement benefits as per the Central Civil Services (Pension) Rules, 1972.

(3.) By filing this writ petition, the petitioner has sought for direction to the respondent authorities to regularize his service w.e.f. 20.08.1976 to 31.03.1995 with all the service benefits, pay and the pension of the petitioner as per rules along with other allowances per annum till payment of the arrears with exemplary cost of the proceeding.