Case: The State of Nagaland &amp; Ors Vs. Nishevi Achumi

2. The deceased husband of the respondent was working as work-charge Jugali. He died in harness on 28.08.2005 as work-charge employee. That in the year 2017 and after a period of twelve years from the death of the deceased employee, the respondent herein the widow/wife of the deceased employee filed a writ petition before the learned Single Judge claiming that the services of her late husband ought to have been regularized and therefore, she is entitled to the family pension. The learned Single Judge allowed the said writ petition and directed the appellant – State to regularize his services from one day prior to the date of his demise so that the respondent herein – original writ petitioner and her family members are entitled to pensionary benefits.2.1 Feeling aggrieved and dissatisfied with the judgment and order passed by the learned Single Judge, the appellant – State had preferred the appeal before the Division Bench of the High Court. By the impugned judgment and order the Division Bench of the High Court has dismissed the said appeal and has not interfered with the judgment and order passed by the learned Single Judge regularizing the services of the respondents husband one day prior to his demise. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court and not interfering with the judgment and order passed by the learned Single Judge, the State has preferred the present appeal. Though served nobody appears on behalf of the respondent.

Reasoning:
4. Having heard learned counsel for the State and considering the submissions made on behalf of the State and having gone through the judgment and order passed by the learned Single Judge confirmed by the Division Bench, we are of the firm opinion that the High Court has committed a grave error in directing the appellant to regularize the services of the deceased employee one day prior to his death.4.1 It is required to be noted that the deceased employee died in the year 2005. During his lifetime he never claimed any regularization. That the respondent herein – original writ petitioner - wife of the deceased employee claimed the regularization after a period of twelve years from the death of the deceased employee. At the time of the death of the deceased employee he was not entitled to regularization as he was much below in the list of the worked charge employees whose services were to be regularized. Under the Regularization Policy the services of the work-charge employees were required to be regularized as per the seniority and as and when the vacancy arises. The services of the other work-charge employees even who were senior to the deceased employees were regularized in the year 2009 i.e. after the death of the deceased employee. Despite the above, the High Court has directed the State to regularize the services of the deceased employee one day prior to his death, which otherwise his services were not required to be regularized as his turn had not come and he was much below in the seniority list.4.2 Considering the aforesaid facts and circumstances, the impugned judgment and order passed by the High Court is unsustainable and the same deserves to be quashed and set aside.