SAKO CHANG Vs. STATE OF NAGALAND AND ORS.

JUDGEMENT

(1.) THE present writ petition is, somewhat, unusual and this become transparent, when the following facts are noticed.

(2.) RESISTING the writ petition, the respondents have filed their Affidavit -in -Opposition, their case being, in brief, thus : The petitioner has no locus standi to maintain this writ petition, for, the said deceased was only a work charge employee and a work charge employee is not a regular employee, but is appointed against a sanctioned project or maintenance thereof under Non -Plan post and the service of such a person stands, automatically, terminated on completion of the project or till such time that his service is required by the department concerned. In the case at hand, the said deceased, being a work charge employee, was not governed by the Nagaland Services Discipline and Appeal Rules, 1967 ; hence, the termination of the service of the said deceased did not require holding of any inquiry or giving of any notice. The termination being in order, the present petitioner is not entitled to any relief.

(3.) BEFORE entering into discussion of the merit of the present writ petition, what is important to note is that the petitioner's statement made in the writ petition that he is the sole surviving member of the family of the said deceased has not been disputed by the respondents. The locus standi of the petitioner for maintaining the present writ petition will, therefore, depend upon what relief/reliefs the petitioner is entitled to. For this purpose, it is imperative for this Court to determine as to whether the termination of the service of the said deceased was in accordance with law and valid.