BESUHSAI THULUO Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This intra-court appeal is preferred taking exception to a Judgment and Order dtd. 29/7/2024 passed by a learned Single Judge in a writ petition, W.P.[C] no. 81 of 2022 which the writ appellant had preferred as the writ petitioner. In the writ petition, assail was inter-alia made to an Office Letter no. ST/3-2/2000[Pt-1]/13 dtd. 14/4/2022 and an Office Order no. S&T-138/2021/963 dtd. 20/4/2022. By the Judgment and Order dtd. 29/7/2024, the writ petition came to be dismissed.

(2.) The necessary and relevant background facts, which led the writ appellant-writ petitioner [hereinafter referred to as 'the appellant', for short] to prefer the writ petition can be exposited, briefly, at first.

(3.) By an Office Order bearing no. ST/SC-19/04 dtd. 16/3/2011 issued under the hand of the respondent no. 4, the petitioner came to be appointed as Night Chowkidar on a fixed pay of Rs.6,000.00 per month initially for a period of three months w.e.f. 1/4/2011 to 31/7/2011 in the establishment of the Directorate of Science and Technology, Government of Nagaland, Kohima. The Office Order stated that the fixed pay would be paid from wages pay and extension of service would be subject to availability of fund from wages. It was made specific that the appointment was purely on temporary basis subject to termination at any time without giving notice from either side. The engagement of the appellant was extended from time to time, with the last extension upto 30/12/2022 by an Office Order dtd. 14/4/2021, was prevalent at the time of filing the writ petition.