Morung Legal Digest: HC issues directions on minimum scale of pay, NH-2 project

Morung Express News
Dimapur | September 8 

The issue of the minimum scale of pay and the ongoing saga over the Kohima-Mao project on National Highway-2 were some of the major issues deliberated on by the Gauhati High Court Kohima Bench (GHCKB) from September 2-6.

On the issue of the minimum scale of pay, Justice Kakheto Sema on September 2 granted a “last chance” to the State Government to update the Court on the Committee constituted to look into the minimum scale of pay by the Nagaland Government. 

More specifically, the Court had asked the State Government on June 4 to file an affidavit informing the Court of the decisions made by the said Committee, particularly in light of the Supreme Court's judgment in the case of Jagjit Singh.

“It is made clear that the case shall be taken up on the basis of the materials available on record,” the September 2 order stated, while hearing a writ petition from two work-charge laborers on fixed pay in the State PWD, whose salaries have not been paid since July 2021 and March 2020, respectively.

Meanwhile, in a contempt petition before Justice Budi Habung on September 3, the State respondents submitted that the Committee constituted to look into the minimum scale of pay has yet to make its decision and requested for some more time.

This issue has been the subject of various other cases related to minimum pay scale as well as the remuneration of contingency and fixed-pay employees.

On June 11, the Government Advocate informed the Court in another case that the Nagaland Government had constituted a committee to work on various options and suggest a suitable policy for regulating remuneration and terms of service for contingency and fixed-pay employees. 

According to the Court’s records, the Department of Personnel Administrative Reforms, Nagaland, had issued a notification regarding the same on February 16, 2024. 

However, even five months after, the State Government has yet to apprise the Court on the findings and recommendations, if any, of the committee.

Meanwhile, while hearing the suo motu Public Interest Litigation on the construction of the NH-2 Kohima-Mao road project, the Division Bench of Justice Nelson Sailo and Justice Habung directed the National Highways & Infrastructure Development Corporation Limited (NHIDCL) not to open a Notice Inviting Tenders (NIT) it issued for the execution of required maintenance and safety works by a third party on the stretch. 

According to the NHIDCL submission, it was compelled to take pre-emptive action to “safeguard public safety and the integrity of the project” due to “persistent and willful neglect” by the contractor M/S Fortune Groups.

These works will be carried out at the risk and cost of the contractor, as per the recommendations of the Authority’s Engineer, the implementing agency stated. 

However, the Division Bench stated that before the NHIDCL is allowed to complete the tender process, the contractor should be given an opportunity to deliberate on the issue and resolve any differences regarding the execution/completion of the project.

The Bench made this observation after the affidavit filed by the Authority Engineer on August 28 revealed that the physical progress of the work was at 74.23% and the financial progress was at 72.13%. 

Accordingly, it directed the NHIDCL and the contractor to deliberate and explore solutions that will be in the welfare and interest of the public.

The matter was listed for further hearing on September 25, with directions for the NHIDCL and contractor to file affidavits documenting the deliberations and results achieved, if any, between the parties.

Meanwhile, adjudicating on the issue of the Secretary of the Nagaland Legislative Assembly, the Bench declined to interfere with orders concerning the temporary officiating charge of Secretary.

However, it directed that there should be no further delay in filling the post of Secretary, NLA, on a regular basis in accordance with the law.

With the Supreme Court on July 23 closing the contempt of court proceedings against the State of Nagaland following the successful conduct of Urban Local Bodies (ULBs) elections with 33% reservation for women, the Kohima Bench also closed the petition on the related issue. 

The apex court disposed of the civil appeal as having become “infructuous” with the holding of civic polls in Nagaland on June 26 after a 20-year hiatus, and the declaration of results on June 29. In view of the above, Justice Habung closed the contempt petition.



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