Smti Thungbeni v. State of Nagaland and 6 Ors

ORDER Date : 24.09.2024

Heard Ms. P. Mhonbeni Ezung, learned counsel for the applicant-writ petitioner and Ms. A. Ayemi, learned Junior Government Advocate, Nagaland for the opposite party nos. 1 - 6.

¶2The applicant as the writ petitioner, has preferred the connected writ petition, W.P.[C] no. 176/2024 assailing a part of an Office Memorandum dated

17.03.2015 issued by the Personnel and Administrative Reforms Department [Administrative Reforms Branch], Government of Nagaland. It is the case of the applicant-writ petitioner in the connected writ petition that she had retired from service after serving as contingency worker under the Establishment of Planning & Coordination [Planning Machinery], Wokha, Nagaland. As the petitioner performed similar nature of work like that of a work-charged or casual employees, the action on the part of the said respondents in not including the contingency worker under the ambit and scope of the Office Memorandum dated 17.03.2015 is arbitrary and unjust.

¶3The instant interlocutory application is preferred by the applicant-writ petition seeking impleadment of the District Planning Officer, District Planning Machinery Cell, Wokha, Nagaland on the premise that the applicant-writ petitioner served as a contingency worker under the said authority and as such, the impleadment of the said authority as the respondent no. 7 in the connected writ petition is necessary.

¶4The prayer for impleadment of the District Planning Officer, District Planning Machinery Cell, Wokha, Nagaland as party-respondent no. 7 in the Page No. 3/3 connected writ petition, W.P.[C] no. 176/2024 is not opposed by the State respondents. Having regard to the statements and averments made in this interlocutory application, I am of the considered view that the District Planning Officer, District Planning Machinery Cell, Wokha, Nagaland is a necessary party for adjudication of the issues raised in the connected writ petition. Accordingly, the instant interlocutor application stands allowed.

Sd/-

JUDGE Comparing Assistant

PageoNo.o1/3 GAHC020005822024 2222222 222222222222222 2222222222222222THEkGAUHATIkHIGHkCOURT (HIGHkCOURTkOFkASSAM,kNAGALAND,kMIZORAMkANDkARUNACHAL PRADESH) KOHIMAkBENCH CasekNo.k:kI.A.(Civil)/153/2024 SMTI2THUNGBENI SWEEPER2(RTD.)2 R/O2ELUMYO2VILLAGE2 WOKHA2NAGALAND VERSUS STATE2OF2NAGALAND2AND262ORS REPRESENTED2BY2THE2CHIEF2SECRETARY2 GOVT.2OF2NAGALAND2 NAGALAND2KOHIMA 2:THE2COMMISSIONER2AND2SECRETARY P2AND2AR2DEPT.2 KOHIMA2NAGALAND 3:THE2PRINCIPAL2SECRETARY2AND2DEVELOPMENT2COMMISSIONER DEPT.2OF2PLANNING2AND2CORDINATION2 KOHIMA2NAGALAND 4:THE2FINANCE2COMMISSIONER 2NAGALAND2KOHIMA 5:THE2DEPUTY2COMMISSIONER 2TUENSANG2NAGALAND 6:THE2ADDITIONAL2DEVELOPMENT2COMMISSIONER 2DEPT.2OF2PLANNING2AND2CORDINATION2 NAGALAND2KOHIMA 7:THE2DISTRICT2PLANNING2OFFICER 2DISTRICT2PLANNING2MACHINERY2CELL2 WOKHGA2NAGALAN Page No. 2/3 Advocate for the Petitioner : MIKA H AYE, Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY