Shri Lam Khiam v. State of Nagaland and 5 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. 177/2024 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 office worker under the Establishment of Planning & Coordination [Planning Machinery], Tuensang, 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, Tuensang, 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, Tuensang, Nagaland as party-respondent no. 7 in the Page No. 3/3 connected writ petition, W.P.[C] no. 177/2024 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, Tuensang, 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

Page No. 1/3 GAHC020005832024 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) KOHIMA BENCH Case No. : I.A.(Civil)/154/2024 SHRI LAM KHIAM S/O LUSOP R/O TUENSANG TOWN TUENSANG NAGALAND VERSUS STATE OF NAGALAND AND 5 ORS REPRESENTED BY THE CHIEF SECRETARY GOVT. OF NAGALAND 2:THE COMMISSIONER AND SECRETARY P AND AR DEPT. KOHIMA NAGALAND 3:THE PRINCIPAL SECRETARY AND DEVELOPMENT COMMISSIONER DEPT. OF PLANNING AND CORDINATION KOHIMA NAGALAND 4:THE FINANCE COMMISSIONER NAGALAND KOHIMA 5:THE DEPUTY COMMISSIONER TUENSANG NAGALAND 6:THE ADDITIONAL DEVELOPMENT COMMISSIONER DEPT. OF PLANNING AND CORDINATION NAGALAND KOHIMA 7:THE DISTRICT PLANNING OFFICER DISTRICT PLANNING MACHINERY CELL TUENSANG NAGALAN Advocate for the Petitioner : MIKA H AYE, Page No. 2/3 Advocate for the Respondent : GOVT ADV NL, BEFORE HON'BLE MR. JUSTICE MANISH CHOUDHURY