TEKATEMJEN AO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) Heard Mr. I. Imti Longchar, learned counsel, assisted by Mr. K. Renpemo Tungoe, learned counsel, appearing for the appellant, Mr. K. Sema, learned Addl. Advocate General, Nagaland and Ms. S. Mere, learned State counsel, appearing for the State respondents. Also heard Mr. Pfosekho, learned counsel, appearing for the respondent No. 8. By this writ appeal, the appellant, who was the petitioner in the Writ Petition No. WP (C) No. 152 (K)/2012, has challenged the correctness of the impugned judgment and order, dated 27.09.2013, passed in the said writ petition.

(2.) The appellant/writ petitioner was appointed as Work-charged Khalasi (Jugali) under the establishment of the Executive Engineer, PHE Department, Mokokchung Division No. 1, Nagaland, on 28.02.1976, under the scheme of rehabilitation, adopted for the benefit of surrendering undergrounds. Thereafter, on 19.04.1982, the appellant was promoted to the post of Work-charged Fitter, Grade-II and then to the post of Mechanic Grade-I, on 23.10.1987.

(3.) After rendering service for about 19 (nineteen) years, 'in the said post, without any break, the petitioner retired from service, on superannuation, with effect from 01.04.1995. As the appellant was not appointed as a regular employee, against any sanctioned post, no pensionary benefit was given to him, after his retirement. However, after about 17 years of his superannuation i.e. on 31.07.2012, the appellant, as writ petitioner, approached this Court, invoking the writ jurisdiction of the Court, seeking the following reliefs.