Decision on merits if instructions delayed, says HC Kohima Bench
Morung Express News
Kohima | July 4
The Gauhati High Court Kohima Bench, on July 4, directed the Nagaland Government Advocate to place on record the recommendations of the Committee and/or any instructions received regarding the remuneration of contingency and fixed pay employees.
This would enable the Court to consider and examine the issue, stated an order issued by Justice Kakheto Sema while hearing a batch of writ petitions concerning minimum scale of pay to work-charged and fixed pay employees
Listing the matter for further hearing after four weeks, the order added: “It is made clear that if on the next date fixed, no instruction is forthcoming from the State respondents, the matter shall be decided on the basis of the merit of the case.”
During the Thursday hearing, the Government Advocate presented a Notification dated 16.02.2024, issued by the Government of Nagaland, Personnel & Administrative Reforms Department (Administrative Reforms Branch), detailing the constitution of the Committee to suggest suitable policy for regulating remuneration in terms of service of contingency and fixed pay employees after due consultation with various stakeholders.
Committee’s terms of reference
According to the notification, the terms of reference of the Committee included examining the “existing legislation and the Supreme Court directives regarding pay parity between contingent and regular employees.”
Furthermore, it was tasked with studying the policy and practice prevailing in other states.
The committee was also expected to examine various policy options while considering the financial resources of the state and the welfare of such employees.
It was also mandated to suggest a suitable policy framework for the remuneration of contingency-paid employees.
Based on the notification, Justice Sema observed that the committee was constituted by the State Government on February 16 and is expected to make recommendations within a reasonable period. Accordingly, he issued the directive to be complied in four weeks.
It must be noted here that during the last hearing on June 11, the Government Advocate further informed that the committee is presently addressing the matter and urged for three weeks' time to enable her to receive instructions.
