NEITSOLO-U Vs. STATE OF NAGALAND

JUDGEMENT

(1.) This is an application preferred under Article 226 of the Constitution of India for a writ in the nature of mandamus, for retrospective regularization of the petitioner's service as Work Charged employee in the Office of the Sub-Divisional Officer, I/C, PWD (Housing), Phek, Nagaland for pension and pensionary benefits. The petitioner has also prayed for modification of the Office Memorandum No. AR-3/GEN-201/2009 dtd. 17/3/2015 by which it was provided that the employees who were enjoying scale pay and who have served for 30 years or more of continuous service as on 1/1/2015 will be regularized and not in respect of employees who do not have a scale pay.

(2.) The petitioner was appointed as a Work Charged labour on fixed pay on 23/5/1986 and on being appointed, work charged Identity Card bearing No. 123 was issued to the petitioner and since then she was working continuously. On 5/5/2021, after completion of 35 years of service, the petitioner was released from her service vide order dtd. 5/5/2021 passed by the Sub-Divisional Officer (I/C), PWD (Housing), Phek, Naga-land with effect from 31/5/2021. The petitioner was released without any pension or pensionary benefits. Aggrieved with the nonpayment of the pensionary benefits, the petitioner wrote a representation to the said authority on 20/7/2022 for retrospective regularization of her service for the purpose of pension which was not considered by the authority concerned till date.

(3.) The law relating to regularization and absorption of work charge and casual employees were initially governed by the Office Memorandum dtd. 22/9/2004 wherein it was provided as under: