Gauhati High Court - Kohima
State Of Nagaland And Anr vs Shri. T. Akangtemjen And 97 Ors on 12 November, 2025
Page No.# 1/18
GAHC020002882025
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL
PRADESH)
KOHIMA BENCH
Case No. : I.A.(Civil)/76/2025
STATE OF NAGALAND AND ANR
REPRESENTED BY THE HOME COMMISSIONER, HOME DEPT. NAGALAND
KOHIMA
VERSUS
SHRI. T. AKANGTEMJEN AND 97 ORS
EX-CADRE DB, DC OFFICE CHUMUKEDIMA, DIMAPUR NAGALAND
Advocate for the Petitioner : GOVT ADV NL,
Advocate for the Respondent : ,
Linked Case : Review.Pet./6/2025
STATE OF NAGALAND AND ANR
REPRESENTED BY THE HOME COMMISSIONER
HOME DEPT. NAGALAND KOHIMA
2: THE COMMISSIONER
GOVT. OF NAGALAND
NAGALAND KOHIMA
VERSUS
SHRI. T. AKANGTEMJEN AND 97 ORS
EX-CADRE DB
DC OFFICE CHUMUKEDIMA
DIMAPUR
NAGALAND
2:SHRI RINGJEN NABEN
Page No.# 2/18
EX-CADRE DB
SDO (C) DHANSIRIPAR
DIMAPUR
NAGALAND
3:SHRI A. APONG PHOM
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
4:SHRI HREMLEI KONYAK
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
5:SHRI VIGUKHA SEMA
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
6:SHRI AKANGMANEN
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
7:SHRI I. TONGTIREPBA AO
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
8:SHRII I PANGJUNG
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
9:SHRI ZUBENTHUNG NGULLIE
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
10:SHRI NITOVI ZHIMO
Page No.# 3/18
EX-CADRE DB
SDO (C) DHANSIRIPAR
DIMAPUR
NAGALAND
11:RUPFUVIKHO KEHIE
EX-CADRE DB
EAC OFFICE CHUMUKEDIMA
NAGALAND
12:SHRI IMTITONGDANG
EX-CADRE DB
EA OFFICE CHUMUKEDIMA
NAGALAND
13:SHRI KHRIESAKEDUOLIE RAME
EX-CADRE DB
EAC OFFICE
CHUMUKEDIMA
NAGALAND
14:SHRI YEHOTO SEMA
EX-CADRE DB
SDO (C) OFFICE DHANSIRIPAR
DIMAPUR
NAGALAND
15:SHRI NEIKERULHOU YASHU
EX-CADRE DB
EAC OFFICE
CHUMUKEDIMA
NAGALAND
16:SHRI KIHETO
EX-CADRE DB
SDO (C) OFFICE
DHANSIRIPAR
NAGALAND
17:SHRI ALEBU NAGI
EX-CADRE DB
DC OFFICE
DIMAPUR
NAGALAND
18:SHRI TOKHEHO (Y.T. ACHUMI)
EX-CADRE DB
EAC OFFIC CHUMUKEDIMA
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NAGALAND
19:SHRI NIKUTO ZHIMOMI
EX-CADRE DB
SDO (C) OFFICE
DHANSIRIPAR
DIMAPUR
NAGALAND
20:SHRI DAVID SUMI
EX-CADRE DB
EAC NIHOKHU
NIULAND
NAGALAND
21:SHRI NIKIYE ACHUMI
EX-CADRE DB
EAC NIHOKHU
NIULAND
NAGALAND
22:SHRI KAHOVI AWOMI
EX-CADRE DB
ADC NIULAND
NIULAND
NAGALAND
23:SHRI S. EYINGO LOTHA
EX-CADRE DB
ADC OFFICE
NIULAND
NAGALAND
24:SHRI VITOI YEPTHOMI
EX-CADRE DB
EAC AGHUNAQA
NIULAND
NAGALAND
25:SHRI VIHETO AYE
EX-CADRE DB
EAC AGHUNAQA
NIULAND
NAGALAND
26:SHRI BOHOVI
EX-CADRE DB
ADC OFFICE
Page No.# 5/18
NIULAND
NAGALAND
27:SHRI KASHETO KHULU
EX-CADRE DB
EAC OFFICE AGHUNAQA
NIULAND NAGALAND
28:SHRI ANIEHU V YEPTHO
EX-CADRE DB
ADC OFFICE
NIULAND
NAGALAND
29:SHRI SUKHALU SUMI
EX-CADRE DB
ADC OFFICE
NIULAND
NAGALAND
30:SHRI KITOKHU L. SWU
EX-CADRE DB
ADC OFFICE
NIULOAND NAGALAND
31:SHRI KIYEHO SUMI
EX-CADRE DB
EAC OFFICE
NIHOKHU
NIULAND NAGALAND
32:SHRI KHEYOHI AWOMI
EX-CADRE DB
ADC OFFICE
AGHUNAQA
NIULAND NAGALAND
33:SHRI YESUNO SUMI
EX-CADRE DB
EAC AGHUNAQA
NIULAND
NAGALAND
34:SHRI KUHOSHI
EX-CADRE DB
EAC OFFICE KUGHOPOTO
NIULAND
NAGALAND
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35:SHRI LIMA
EX-CADRE DB
KIPHIRI
NAGALAND
36:SHRI R. PITHRONGLI
EX-CADRE DB
KIPHIRE
NAGALAND
37:SHRI LIPIBA
EX-CADRE DB
KIPHIRE
NAGALAND
38:SHRI SHEMONTHUNG
EX-CADRE DB
KIPHIRE
NAGALAND
39:SHRI CHIMKIMONG
EX-CADRE DB
KIPHIRE
NAGALAND
40:SHRI Y.AKUM
EX-CADRE DB
KIPHIRE
NAGALAND
41:SHRI R. TETSAMONG
EX-CADRE DB
KIPHIRE
NAGALAND
42:SHRI AZITHSING
EX-CADRE DB
KIPHIRE
NAGALAND
43:SHRI ARUN
EX-CADRE DB
KIPHIRE
NAGALAND
44:SHRI THROPI
EX-CADRE DB
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KIPHIRE
NAGALAND
45:SHRI CHONGMA
EX-CADRE DB
ADC NOKLAK
TUENSANG
NAGALAND
46:SHRI HENO
EX-CADRE DB
EAC NOKHU
TURNSANG
NAGALAND
47:SHRI LONGKHOI
EX-CADRE DB
EAC NOKHU
TUENSANG
NAGALAND
48:SHRI A. WONGTON YIMCHUNGER
EX-CADRE DB
EAC TSURONGTO
TUENSANG NAGALAND
49:SHRI MUKHEBA YIMCHUNGER
EX-CADRE DB
SDO (C) CHESSORE
TUENSANG NAGALAND
50:SHRI POKOI CHANG
EX-CADRE DB
ADC NOKLAK
TUENSANG NAGALAND
51:SHRI H. TOPUNG YIMCHUNGER
EX-CADRE DB
EAC SHAMATOR
TUENSANG
NAGALAND
52:SHRI THANGSOI
EX-CADRE DB
EAC NOKHU
TUENSANG NAGALAND
53:SHRI PUSHING
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EX-CADRE DB
ADC NOKLAK
TUENSANG NAGALAND
54:SHRI T. ONGBOU CHANG
EX-CADRE DB
DC TUENSANG
NAGALAND
55:SHRI KHISAMBISE SANGTAM
EX-CADRE DB
EAC LONGKHIM
TUENSANG NAGALAND
56:SHRI C. HANCHICHANG
EX-CADRE DB
ADC NOKLAK
TUENSANG NAGALAND
57:SHRI S. PHENIANG KHIAM
EX-CADRE DB
DC TUENSANG
NAGALAND
58:SHRI THUNGPANG
EX-CADRE DB
SDO NOKSEN
TUENSANG NAGALAND
59:SHRI ELEMMONGKO CHANG
EX-CADRE DB
DC TUENSANG
NAGALAND
60:SHRI THSUNRHUBA YIMCHUNGER
EX-CADRE DB
ADC SHAMATOR
TUENSANG NAGALAND
61:SHRI AKHOLE KONYAK
EX-CADRE DB
ITC DAN (PANGSHA)
TUENSANG NAGALAND
62:SHRI TSONGTSAMEYO KHIAMNIUNGAN
EX-CADRE DB
EAC PANSO
TUENSANG NAGALAND
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63:SHRI SHEVUTO SUMI
EX-CADRE DB
AGHUNATO
ZUNHEBOTO NAGALAND
64:SHRI HUTOSHE SUMI
EX-CADRE DB
ASURUHOTO
ZUNHEBOTO NAGALAND
65:SHRI INAKHU SUMI
EX-CADRE DB
AKULUTO
ZUNHEBOTO NAGALAND
66:SHRI VIKHEHO
EX-CADRE DB
VK
ZUNHEBOTO NAGALAND
67:SHRI VIKIHO
EX-CADRE DB
ZUNHEBOTO NAGALAND
68:SHRI NIHOTO SUMI
EX-CADRE DB
SURUHOTO
ZUNHEBOTO NAGALAND
69:SHRI KAKIHO SUMI
EX-CADRE DB
AGHUNATO
ZUNHEBOTO NAGALAND
70:SHRI AHOI SUMI
EX-CADRE DB
ASTAKHA
ZUNHEBOTO NAGALAND
71:SHRI INAKHE YEPTHO
EX-CADRE DB
SATAKHA
ZUNHEBOTO NAGALAND
72:SHRI VIKAYI K
EX-CADRE DB
SATOI
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ZUNHEBOTO NAGALAND
73:SHRI K. TOIHO ZHIMO
EX-CADRE DB
ZUNHEBOTO NAGALAND
74:SHRI A. ATO ASSUMI
EX-CADRE DB
VK
ZUNHEBOTO NAGALAND
75:SHRI INAHO
EX-CADRE DB
ZUNHEBOTO NAGALAND
76:SHRI TOKHUGA CHISHI
EX-CADRE DB
AKULUTO
ZUNHEBOTO NAGALAND
77:SHRI VIYIHO V
EX-CADRE DB
SATAKHA
ZUNHEBOTO NAGALAND
78:SHRI AKATO P. SWU
EX-CADRE DB
SATAKHA
ZUNHEBOTO NAGALAND
79:SHRI HEKATO
EX-CADRE DB
ATOIZU
ZUNHEBOTO NAGALAND
80:SHRI ABITO ZHIMOMI
EX-CADRE DB
AGHUNATO
ZUNHEBOTO NAGALAND
81:SHRI CHINLUNG
EX-CADRE DB
ADC TAMLU
LONGLENG NAGALAND
82:SHRI SHIBA
EX-CADRE DB
LONGLENG NAGALAND
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83:SHRI SHIBA
EX-CADRE DB
LONGLENG NAGALAND
84:SHRI TANGSANG
EX-CADRE DB
EAC SAKSHI
LONGLENG NAGALAND
85:SHRI YANTING
EX-CADRE DB
EAC YONGNYAH
LONGLENG NAGALAND
86:SHRI N.N. BONSHAI
EX-CADRE DB
LONGLENG NAGALAND
87:SHRI PANGJEI
EX-CADRE DB
LONGLENG NAGALAND
88:SHRI SHILU
EX-CADRE DB
LONGLENG NAGALAND
89:SHRI MOLU
EX-CADRE DB
LONGLENG NAGALAND
90:SHRI PHUHLUK
EX-CADRE DB
EAC YONGNYAH
LONGLENG NAGALAND
91:LONGANG
EX-CADRE DB
LONGLENG NAGALAND
92:SHRI NOKYUNG
EX-CADRE DB
LONGLENG NAGALAND
93:SHRI D SANGRIE
EX-CADRE DB
JALUKIE
PEREN NAGALAND
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94:SHRI POUGOUTEU
EX-CADRE DB
NSONG
PEREN NAGALAND
95:SHRI THONGKHOTINCHON
EX-CADRE DB
ATHIBUNG
PEREN NAGALAND
96:SHRI POAMINTHANG
EX-CADRE DB
ATHIBUNG
PEREN NAGALAND
97:SHRI ILIA
EX-CADRE DB
JALUKIE
PEREN NAGALAND
98:SHRI ABAM
EX-CADRE DB
PEREN NAGALAND
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Advocate for : GOVT ADV NL
Advocate for : R. IRALU
SR. ADV appearing for SHRI. T. AKANGTEMJEN AND 97 ORS
BEFORE
HON'BLE MRS. JUSTICE YARENJUNGLA LONGKUMER
ORDER
Date : 12-11-2025 12.11.2025 Heard the learned Adll. A.G Ms. V. Suokhrie, for the applicants as well as Mr. L. Iralu, learned counsel appearing for all the respondents.
Page No.# 13/18 This is an application under section 5 of the Limita- tion Act, 1963 praying for condonation of delay of 474 days in filing the connected Review Petition No.6/2025.
The case of the applicants is that this Court by order dated 07.09.2022 in W.P.(C) 90/2021 had directed the applicants to pay the minimum scale of pay to the petitioners who are reg- ular Grade-II DBs employed on contingency basis along with ar- rears from the date of filing the writ petition within 90 days from the date of order.
Being aggrieved by the judgment and order dated 07.09.2022, passed in W.P.(C) 90/2021 the applicants filed W.A.6/2023 and the same was kept pending waiting for the out- come of Special Leave Petition (Civil) Dairy No.25185/2023 filed by the State challenging the direction of this Court to pay the minimum scale of pay to a contingent employee in another case.
However, the Supreme Court by order dated 11.12.2023 had directed that the order passed by the High Court should be implemented and as such on the basis of this order, the applicants withdrew W.A 6/2023 on 07.02.2024. Thereafter the Special Leave Petition (Civil) Dairy No.25185/2023 was dis- posed of on 20.02.2024 on the ground that the State is bringing out its own policy decision on the said subject matter.
The applicants state that counting from withdrawal of W.A 6/2023 dated 07.02.2024, there is a delay of 474 days in filing the present review petition. The applicants states that de- lay of 474 has been caused due to the following reasons:-
Page No.# 14/18
(i) After the Supreme Court's direction dated 11.12.2023 passed in Special Leave Petition (Civil) Dairy No.25185/2023, the Government has brought out a No-
tification dated 16.02.2024 constituting a 6 member Committee to bring out suitable policy for regulating pay remuneration and conditions of service of contin- gency and fixed paid employees. Thereafter by letter dated 18.09.2024 the committee submitted its report to the Government and the matter was placed before the Cabinet for its approval.
(ii) The Government brought out a policy by Office memo-
randum No.AR-3/GEN-67/2001 dated 05.03.2025 stat- ing that all work charged and casual employees in all the Departments whose name have been duly verified by the District Level Verification Committee and regis- tered in PIMS receiving fixed pay shall be granted scale of pay as per the Revision of Pay 2015 w.e.f.01-04- 2025. Again by Notification No.AR/LEGAL-5/8/2024 dated 05.03.2025 all contingency, fixed and wage paid employees appointed on or before 6th June 2016 were deemed to be casual employees and shall henceforth come under the Work Charged and Casual Employees Regulation Act 2001 and shall be eligible for regulariza- tion under the scheme for regularization and absorption of work charged and casual employees and revision of wages notified vide O.M No.AR-3/GEN-201/2009 dated 17.03.2015. Thereafter by OM FIN/ESTT-4/2011 dated 05.05.2025 the fixation of pay upon conversion of fixed Page No.# 15/18 paid work charged and casual; employees to scale of pay was brought out by the Finance Department. Thereafter by letter No.GAB-1/COURT/DB/13/2022/267 dated 16.04.2025, Home Department wrote to the Prin- cipal Secretary, Personnel and Administrative Reforms Nagaland Kohima seeking clarification as to whether the O.M. No.AR-3/GEN-67/2001 dated 05.03.2025 will cover the payment of arrears of salary as directed by this Court vide judgment and order dated 07.09.2022 passed in W.P.(C) 90/2021.
(iii) Thereafter by letter dated 06.05.2025, the Under Secre-
tary to the Government of Nagaland, P & AR Depart- ment clarified that the petitioners who are contingency Dobhashis are included as casual employees vide Notifi- cation dated 05.03.2025 subject to fulfillment of the conditions laid therein including appointment on or be- fore 06.06.2016 and they shall further be granted scale of pay as per ROP 2015 and shall also be eligible for regularization under the work charged regularization scheme. Thereafter, the Home Department wrote to the Addl. A.G Nagaland vide letter dated 16.05.2015 re- questing to file review of the judgment and order dated 07.09.2025 passed in W.P.(C) 90/2021 as the payment of arrears to fixed paid and casual employees prior to 01.04.2025 does not arise.
It is stated that the review petition was prepared af- ter receiving the said letter dated 16.05.2025 and was accord- ingly filed. The learned Addl. A.G submits that the entire period Page No.# 16/18 in pursuing W.A.6/2023 up to the date of withdrawal on 07.02.2024 is to be excluded and delay of 474 days in filing the review petition has been explained herein above and the delay is neither intentional nor due to the negligence or lapses on the part of the applicants and therefore prays that the delay of 474 days may be condoned.
The learned Addl. A.G has relied on the case of State of Kerela and others vs M.G. Presanna and others reported in (2011) 15 SCC 203. The Supreme Court in the aforementioned judgment has held that the entire period spent up to the date of disposal of review petition should be treated as period spent in pursuing other remedies and has to be excluded from the computation of limitation period. Relying on the said judgment, the learned Addl. A.G submits that the period spent before the Division Bench and Supreme Court should be ex- cluded from the limitation period.
The learned counsel for the respondent Mr. L. Iralu appearing for the respondents has also filed a written objection on behalf of the respondents. The learned counsel for the re- spondents submits that the review petition is an afterthought and an attempt to frustrate and sit in appeal over the judgment passed by this Court in W.P.(C) 90/2021 by relying on some pol- icy decision of the State which has been formulated subsequent to the judgment of this Court. It is also stated that a Contempt Petition 12/2023 has also been filed by the petitioners on 22.05.2023 and the same is also pending. It is also stated that the present review petition has been filed on 27.05.2025; much after the contempt petition was filed by the petitioners. It is also Page No.# 17/18 submitted that the only remedy available to the State was to file appeal which they have done and withdrew. Therefore, it is sub- mitted that the matter has attained finality and the explanation given by the applicants/State Government in the condonation application has not shown sufficient cause and the application may be dismissed. The learned counsel for the respondents also submits that the limitation has to start from the date of the judgment of the learned Single Judge dated 07.09.2022 and therefore, since the same has not been explained in the present application, this Court may dismiss the application.
This Court has considered the submissions of the learned counsel for the parties and also perused the pleadings.
Upon going through the pleadings as well as the sub- mission of the learned Addl. A.G, this Court has observed that the period spent by the State respondents/applicants while pur- suing the writ appeal and the Special Leave Petition can be ex- cluded from the period of limitation as it was spent in pursuing other remedies before the appropriate forum. However, the pe- riod of 474 days after withdrawal of W.A.6/2023 has to be ex- plained with sufficient cause. The explanation regarding the 474 days is reflected in paragraph 5 of the application. This Court is of the view that in the said explanation sufficient cause has not been shown but it has only reflected the constitution of a com- mittee by the State Government to bring out policy for regulating pay and conditions of the service of the contingency and fixed paid employees. Such an exercise by the applicants have been carried out only after the judgment dated 07.09.2022 had been passed and after the W.A.6/2023 had been withdrawn by the ap-
Page No.# 18/18 plicants. Such steps taken by the applicants cannot be a ground for condonation of delay and therefore, the applicants have not been able to make out any sufficient cause to condone the delay of 474 days.
In view of the above observation, the instant applica- tion is dismissed.
Sd/-
JUDGE Comparing Assistant