SRI LONGLEM PHOM Vs. THE STATE OF NAGALAND

JUDGEMENT

(1.) This Court had heard Mr. Tongpok Pongener, learned counsel for the petitioner, Ms. Vilika Chishi, learned State counsel, appearing for respondent Nos. 1 to 3, and Mr. Yangerwati, learned counsel appearing for respondent No. 4 on 16.03.2016 and, on conclusion of hearing at the admission stage, had fixed to -day for delivery of order. Accordingly, this order is dictated in open Court to -day.

(2.) The case of the petitioner is that he hails from Phom Naga tribe, which a recognized Schedule Tribe within the State of Nagaland. He was appointed as Village Guard (VG) on 01.08.1968. He was promoted as L/Naik on 01.03.1970, as Naik on 01.04.1972, as Havildar on 01.05.1978, as Havildar Major on 01.08.1989. On the recommendation of the Departmental Promotion Committee, the petitioner was temporarily promoted on 23.10.1998 to the post of Jamadar, VG, which is a regular pensionable post, in a scale of pay, against a vacancy that had arisen due to promotion of a Jamadar, VG, to the rank of Subedar. It is pleaded that the Village Guard Organization is a voluntary force provided with weapons and monthly remuneration besides allowances to annual clothing and ration by the State Government and, up to the rank of Havildar Major the service is contingency in nature and only on attaining the rank of Jamadar, one becomes a regular Government servant. On attaining the age of 57 years, the petitioner was released from service on superannuation with effect from 31.01.2006. Upon retirement, the petitioner was paid dues from Group Insurance Scheme, Leave Encashment and GPF. However, he was informed that he did not qualify for pension for the reason that his temporary service was less than 10 years as prescribed under the Central Civil Service (Pension) Rules, 1972 [for short, 'CCS (Pension) Rules, 1972'] to qualify for pension. The petitioner submitted representation and the same was duly forwarded by the Deputy Commissioner, Longleng, & Ex. Officio Commandant, VG, to the Additional Chief Secretary and Commissioner, Nagaland, for approval, vide letter dated 30.10.2010. A letter dated 19.02.2011 was issued by the Additional Deputy Commissioner (Headquarter), Office of the Commissioner, Nagaland, to the Deputy Commissioner, Longleng, and Ex. Officio Commandant, VG, in response to the letter dated 30.10.2010, stating that counting of half of the service rendered by the petitioner in contingency period to qualify for pension benefit cannot be considered as the service rendered by the petitioner was not full time employment. In response to the said letter dated 19.02.2011, the Deputy Commissioner, Longleng, and Ex. Officio Commandant, VG, again wrote a letter dated 12.05.2011 to the Additional Deputy Commissioner (Headquarter), Office of the Commissioner, Nagaland, stating that the service of VGs cannot be treated as voluntary service as their services were also utilized to deal with law and order situations.

(3.) In the affidavit filed by the respondent No. 4, i.e., Accountant General, Nagaland, it is stated in paragraph 6 as follows: