NYAHSULA SANGTAM Vs. STATE OF NAGALAND

JUDGEMENT

(1.) These two writ petitions are disposed together as they pertain to the same subject matter.

(2.) The petitioners in both the writ petitions are claiming regularization of their deceased husband's service regularization on the basis of the scheme framed by the Government vide Office Memorandum No. AR-3/Gen67/2001(pt) dtd. 22/9/2004 and No. AR-3/GEN-201/2009 dtd. 17/3/2015.

(3.) In WP(C)/332/2023, the petitioner is praying for posthumous regularization of her husband's service. The facts of the case is that the petitioner's late husband, Shri Chorongse Sangtam was appointed as a Work-Charged employee on fixed pay by an Order dtd. 6/4/1989 under the Sub-Divisional Officer, PWD (R&B) Longkhim. Thereafter, he was promoted to Jugali by an Order dtd. 6/6/1994 and he was granted scale pay by this Order. Following the promotion to the post of Jugali the Service Book of her deceased husband was maintained like any other regular employee and increments were granted from time to time. The deceased husband was never on a muster roll or under contingency nor charged to any specific project. The petitioner's husband died in harness on 25/4/2015 leaving behind the petitioner and her two children. Thereafter, she approached the respondents through various representations dtd. 3/9/2015, 14/2/2020 and 23/3/2023 praying for posthumous regularization of her husband's service in order to avail family pension. But to no avail.