Long Period Of Service, Gauhati High Court Directs Consider Regularization Of Employee Within 12 Weeks

Background Facts

The employee was appointed as a contingency Peon on a fixed pay of Rs. 375/- per month by the Director, Directorate of Printing & Stationery, (Employer) Nagaland, Kohima, on 26.10.1988. This appointment was against a post sanctioned on 09.06.1988 (Office Order No. PSTY-26/79(PT)).

On 03.10.2018, the employee was granted the minimum scale of pay in the pay band of Rs. 4,400-17,200/- with a Grade Pay of Rs. 1,300/- and all other allowances as per the rules applicable in the State of Nagaland, effective from 30.09.2018. The employee retired from service in March 2022 upon reaching the age of 60.

After retirement, the employee submitted a representation on 16.09.2022 to the employer, seeking regularization of his service to enable him to receive pension and other retirement benefits. A second representation was submitted on 26.09.2019 to the employer, referring to the OM dated 17.03.2015, issued by the Government of Nagaland, Personnel & Administrative Reforms Department (Administrative Reforms Branch), which outlined the Scheme for Regularization and Absorption of Work-charged and Casual Employees and Revision of Pay or Wages.

Despite submitting these representations, the employee did not receive a positive response from the employer for the regularization of his service. Due to the lack of response, the employee filed the writ petition seeking a directive for the regularization of his service.

It was argued by the employee that his service as a contingency Peon should be regularized. He based this contention on his initial appointment against a sanctioned post in 1988 and his continuous service since then. It was further contended by the employee that regularizing his service was essential for him to receive pension and other retirement benefits. Given his retirement in March 2022, regularization would ensure his financial security post-retirement.

On the other hand, it was contended by the employer that the employee's case for regularization was under consideration. They highlighted that the employee's name had been entered as Serial No. 5 for regularization by the District Level Verification Committee as per the letter dated 09.04.2024 from the Office of the Deputy Commissioner, Mokokchung. It was submitted that the Verification Report concerning the employee had been forwarded to the Director, Printing & Stationery, Nagaland, Kohima. The Director, in turn, forwarded the requisite details to the Home Commissioner, Nagaland, Kohima, for further consideration and approval. It was further argued by the employer that the necessary details had been submitted to the Personnel and Administrative Reforms (P&AR) Department for approval.

Findings of the Court

It was noted by the court that the employee had continuously served until his retirement in March 2022. His service included receiving a minimum scale of pay from 30.09.2018. The submissions made by the employer, including the letters dated 09.04.2024 and 15.04.2024, which indicated that the employee's case for regularization was under active consideration, were taken into account by the court.

In light of the documentation and submissions, it was directed by the court to the employer, to consider the case of the employee for regularization in service in accordance with the OM dated 17.03.2015 and the relevant legal provisions.

It was further observed by the court that the employee sought a time frame for the completion of the process. It was ordered that the process of regularizing the employee's service should be completed within 12 weeks from the date of the order (01.07.2024). it was directed that any order passed by the employer consequent to its directive should be communicated to the employee promptly. With these observations, the writ petition was disposed of.

Case No. : WP(C)/238/2022

Counsel For The Petitioner : Supongwati Walling

Counsel For The Respondents : Govt Adv NL