04-06-2026 | COURT NO. 3 | GAUHATI HIGH COURT KOHIMA BENCH

Añadido: 2026-06-08

[00:01:38]Please lordship. Yes. May I please to mention item number two, yellow chip. Uh yellow chip in item two yellow chip. I have filed my FD [clears throat] this morning. So if the FD can be called for your lordship my senior council is in the report. So can the matter be taken after some time?

[00:01:52]>> No no I'm just praying for the uh FD to be called for copy to them.

[00:01:56]>> Yes. I'll go serve down.

[00:01:58]>> Okay. Uh closer. Just call for the I think it in item two. Yes.

[00:02:03]>> Ma'am, please launch it.

[00:02:05]>> I mention item number 16. Lo 16.

[00:02:09][clears throat] >> This matter can come up after a week lo can be taken up tomorrow. Otherwise I on the anticipation that it will be taken up today. I had made thorough preparations last night and this morning. [laughter] >> Not tomorrow.

[00:02:24]>> If you [clears throat] can take up today it's okay otherwise it's not tomorrow.

[00:02:28]after a week then lost.

[00:02:30]Okay. Then >> I take the coming [clears throat] with the consent of the parties list the matter on >> on 16th 16th.

[00:02:42]>> Okay. 166.

[00:02:44]>> Yes.

[00:02:46]>> I take your pledge.

[00:02:49]>> My lord, uh I would like to make a small mention.

[00:02:53]There is a criminal appeal which I have filed which is pending and notice has also been issued there appropriate orders were passed.

[00:03:02]>> Now along with that criminal appeal I have filed one bail application.

[00:03:06]>> However inadvertently direction was given for preparation of paper book in the bail application instead of in the main criminal appeal. M >> so if the the order was passed by by my lord justice franch >> since he's coming next week if the I have taken the consent of my learned friend the public prosecutor as well >> as Mary >> that has to be corrected then >> yes yes yes and if possible we'll take up the application on Tuesday >> okay next week you have the mention memo >> yes I have the mention memo >> listed next week >> on 11th >> uh No, he'll be there the whole week.

[00:03:46]So, it's okay.

[00:03:48]>> On >> it come up on Monday also. It's okay.

[00:03:53]Monday [clears throat] it can be listed.

[00:03:54]No ka tells them to listen on Monday.

[00:03:57]>> Judges are coming from kohhati if they many times they after a long journey they are tired to take up >> then in that case Tuesday night.

[00:04:09]>> Okay. Okay.

[00:04:11]This is May I to mention it?

[00:04:26]>> We are yet to file our application in reply.

[00:04:30]>> So can you use this letter after vacation?

[00:04:35]>> Yes. No objection.

[00:04:37]>> No objection. Similar council for the petitioner Miss Tiko uh submits that uh the petitioner is yet to file the reply to the counter affidate filed by the respondents and praise for listing the matter after the summer vacations. So the councils for the respondents have no objection list the matter after the solicifications interrupt [laughter] to mention item number 14.

[00:05:10]>> 14.

[00:05:10]>> Yes.

[00:05:12]>> Here I have instructions to appear for respondent number two and three.

[00:05:16]>> Two and three.

[00:05:17]>> Yes. If two weeks time I allowed to foc >> 3 weeks.

[00:05:22]>> Two weeks. Two weeks council Miss S submits that she has received instructions to appear on behalf of respondent number two and three and please for two weeks time to file the vakat nama and the affidavit in opposition if so advice stop the council for the petition is present and there's no objections list after two weeks any Interesting.

[00:05:49]>> Yes.

[00:05:50]>> Yes.

[00:05:52]>> The inter the court has to remind you >> the inter pastor shall continue till the next day.

[00:06:02]>> Yes.

[00:06:06]>> Maybe your lordship.

[00:06:08]>> I beg to mention hearing item 15. kindly this matter after two weeks since my uh senior aim has some personal difficulties today >> mention is made on behalf of the leading council Mr. Amy to list the matter after >> two weeks >> two weeks as the council has some difficulties today so council miss for the respondent is present and has no objections list after two weeks as prayful May I bless the lordship my lord? Uh I beg to mention item number seven here.

[00:06:46]I'm yet to receive city my lord. So kindly list the m on 11 >> next week.

[00:06:52]>> Where is the petition?

[00:06:53]>> I I'll inform the petitioner.

[00:06:56]>> Jet PP Mr. Tap submits that he is yet to receive the CD updated CD and accordingly please for listing the matter on >> 116 stop. None appears for the petitioner.

[00:07:10]>> Yes.

[00:07:11]>> Much older.

[00:07:12]>> You informed the petitioner.

[00:07:14]>> Okay.

[00:07:14]>> Yes.

[00:07:20]Item number one.

[00:07:31][clears throat] Please do not shake.

[00:07:35]What should these contempt filed for non-compliance of court's order date 2411 2025? My lord may find the court's order in page 11 as an extra a page 11 >> page >> page 11 as an extra uh my lord the operative portion starts from parah 8 to 11 within 3 months.

[00:08:25]>> What?

[00:08:26]>> And when was the copy served?

[00:08:28]>> Uh the copy was duly served on 11th of December 2025 page 16 as an actual business. Council for the petitioner Miss Grace Monkey. So the instant application under section 12 of the content of courts act read with article 215 the constitution of India has been referred by the petitioner alleging willful and deliberate non-compliance of the order dated 2411 2025 passed by this court in WPC 10 of 2025.

[00:09:10]By the order dated 2411 2025, the respondents were directed to consider the appointment of the petitioner on compassionate grounds.

[00:09:31]And if it is found that he is not eligible for being appointed on compassionate ground, the rejection of his claim shall also be informed to the petitioner by way of a speaking order.

[00:09:48]Stop stating the reasons basing on which his claim has been rejected.

[00:09:58]It was also directed that such speaking order be issued to the petitioner within 3 months from the date of receipt of a certified copy of the order. Council for the petitioner submits that a copy of the order dated 2411 2025 passed in WPC 10 of 2025 was duly served upon the respondents by the letter dated 11 12 2025 stop. However, the respondents are yet to comply with the direction of the court.

[00:10:41][clears throat] Being agrieved, the petitioner is before the court. Stop par issue notice returnable in 4 weeks. The petitioner shall take steps for service on the respondents 1 2 3 and four by speed post as well as usual process within uh one week from today list after folds.

[00:11:01]Motion from the supplementary processes. Item number 17.

[00:11:10][clears throat] >> Yes.

[00:11:19]>> Lo the petitioner here in six office mobile phone which was ceased >> connection with not case number 16 of 25. Lo here the accused was arrested on 13th June 25 and it was during this time that his mobile phone was seized and thereafter investigation was conducted and charit was submitted.

[00:11:40]>> Thereafter the petitioner accused person had preferred Zimma application.

[00:11:45]However, in spite of there being no material finding of the IO against the phone, the learner transport was not inclined to grant Zimma on the ground and on the ground that it was purchased from proceeds of crime or bring a grief to the petitioner before this.

[00:12:07]>> Where is the order of rejection?

[00:12:09]>> Look, it's at page 22.

[00:12:14]Super.

[00:12:46]Page. Page.

[00:12:47]>> Page 22.

[00:12:48]>> 22.

[00:13:07]>> [clears throat] >> Now has it been sent to FSL?

[00:13:11]>> Yes, lots of >> and report also received.

[00:13:15]>> Um lot in that regard.

[00:13:17]>> I had filed a a ZMA application before e learned chief judicial magistrate first. During that time my application was rejected on the ground that it was being sent for forensic analysis and thereafter since I'm not privy to the case I'm not aware of this but >> the chart sheet makes no mention of >> about the report >> yes it does mention that in in that regard an investigation was made but it does not include the copy of the forensic report therefore the IO I would think that did not >> make any findings therefore it not it has not been made a part of the charge therefore We'll have to see the records >> because if uh it has been sent and the report is received then there's no reason to keep it.

[00:14:01]>> Not yes even in the chart sheet which I next year launch it the chart sheet has list of page at page 29 it has a list of documents that has been enclosed along with the report under 173 logic. Here also the IO has not made any mention of a report from a forensic report >> page 29. helper statement shopkeeper signal appear certification footage pen drive okay who's appearing who's accepting notice yes you get the records okay because we have to see whether there's any document anything regarding the official report for the cease phone the instant application under section 528 of the BNSS read with section 442 and 438 of the BNSS has been filed praying for um it can be a fresh ZMA application also just as how you file a fresh bail application Okay, we'll just say praying for uh releasing >> the ceased mobile phone of the petitioner on ZMA on ZMA stop. Uh her turn for the petitioner Mr. Alles stop. It is the case of the petitioner that uh his mobile phone/ iPhone 13 was purchased from N electronics Kohima Nagland and for which a cash memo has been duly issued to the petitioner stop. The said mobile phone was seized by the uh Kohima not police station personnel on 136 2025 in connection with Kohima North PS case number 16/2025 when the petitioner was arrested.

[00:16:27]Stop.

[00:16:30]The investigation has been completed in the instant case and the charge sheet has already been submitted.

[00:16:37]>> [clears throat] >> However, in the set charge sheet, there is no mention about any FSL report in in with regard to the ceased mobile phone and the list of documents next to the charge sheet does not have does not uh have any indication about the ceased mobile phone. So the petitioner had also moved a Zimma application before the learned trial court.

[00:17:14]However, the same was rejected by an order dated 263 2026 on the ground that the device may con further contain relevant data pertaining to the commission of the offense which is yet to be fully examined.

[00:17:32]So being a grief the petitioner is before this court. So issue notice when can you put this?

[00:17:44]>> After a week >> no I think registry has to call because it's already charited. Huh?

[00:17:50]>> Uh the registry is directed to call for the records and scan copy of the records from the learned uh from the court of the learned which court >> principal district and session >> of the learn principal district and session judge Nagala and thereafter release the matter uh on 15th >> on on 15th June.

[00:18:17]Yes.

[00:18:19]PP Mr. Vijimi has entered has accepted notice on behalf of the state respondents has no formal notices.

[00:18:44]That solution by filing this petition the the petition is going to >> push and set aside.

[00:18:53]>> F number 003 of 2025.

[00:18:56]>> Where's the F >> just F which was filed by the respondent number one >> page 16.

[00:19:06]Page 16 fire is uh page uh 17.

[00:19:13]>> The written fire by the British and the forms are in page uh 50% >> by the wife. wife who who was my wife earlier but now we are not husband and wife.

[00:19:38]>> Okay. What does it say?

[00:20:01]law should maybe allow to share uh share a brief of the case.

[00:20:06]>> Yes.

[00:20:08]Gosh, uh [clears throat] the short uh facts of the case is that uh the petitioner and respondent uh one who is my wife >> Em got married in the year uh 27 to 2022.

[00:20:21]>> However, not long after our marriage >> a dispute arose between us >> and so there were allegations and counter allegation among us and uh subsequently we cannot live uh together.

[00:20:33]M >> so we started to live separately since 86 2022 >> and then uh since the petition and the respondent could not uh uh live uh together >> I uh wrote a divorce application >> before the honorable family court democrat >> and during the pending case uh respondent number one also filed a maintenance case [clears throat] before the family court democrat >> and thereafter after uh respondent number one >> file uh and a fire before the uh woman police station >> that is FI number 003 2025 and she fight in the fire on date 52 2025 and was registered on 22 to 2025 that is in patch uh Page 17 is in page 70 >> registered on GD entry. GD entry on 5225.

[00:21:40]>> Yes.

[00:21:43]Therefore was registered in the section charges against me are subsection one of section 82 section 85 section two of section 351 of the DNS act >> and section 4 of the zun probation act.

[00:22:02]So that is a FIR filed against me.

[00:22:06]>> And then after two other cases were again uh filed by the respondent number one that is in our reports at uh Charam >> that is a maintenance case and one criminal complaint was also filed >> in uh >> on similar allegations >> on similar allegations. Yeah.

[00:22:27]>> On similar allegations.

[00:22:31]Thereafter the petitioner move anticipatory bail application before the honorable principal session judge.

[00:22:39]>> However, it was disputed on the ground that the petitioner was non-coated and thereafter the petitioner moved bail anticipated bail application before this honorable court >> and this uh honorable court. the the the the the pre-arrest bail was dismissed on the ground that the petitioner had threatened threatened the complainant isn't it threatening and harassment [clears throat] then after that huh after that anticipatory bill before this court >> yes >> then what happened >> and uh by order dated 14 2025 >> that is In page 25 y >> page 25 this honorable court was pleased to allow the interiming pre-arrest >> the interiming pre- arrest bell and again by order dated 155 2025 >> that is in page 28 >> this uh the the pre-arrest bill the interim pre-arrest bill which was earlier granted was regularized by uh uh by disorder.

[00:24:00]>> Yes.

[00:24:00]>> And >> that uh after that uh under the instructions of the learned as family court >> the >> you entered into a compromise.

[00:24:11]>> They enter into a compromise.

[00:24:13]>> They enter into a compromise and the compromise agreement is in page 31.

[00:24:19]>> Page 31.

[00:24:21]Lord, may I read out the relevant portion of the agreement?

[00:24:25]>> The relevant portion is in page 30.

[00:24:27]>> It's okay. We'll issue notice at this point and let the complainant also appear.

[00:24:33]>> Okay.

[00:24:35]>> Are they be allowed to uh serve copies uh to respond to registered PD?

[00:24:40]>> Uh speed post speed post >> speed post.

[00:24:43]>> Uh it has to be true speed post. These days there's no more registered post.

[00:24:48]>> Okay. uh the instant application under section 528 of the BNSS has been preferred by the petitioner seeking for quashing of the FIR and subsequent proceedings in connection with GR number 87/2025 arising out of Dimapur women PS case number 003/2025 under section 82 + 1/85/ 351 clause 2 of the BNS read with section 4 of the dowi prohibition act stop council for the petitioner Mr. Mugaka stop. It is the case of the petitioner that um during the uh after the registration of the FIR and during the investigation the parties have entered into a compromise by deed of agreement dated 10 June 2025.

[00:25:54]system.

[00:25:56]By which by which the parties have agreed uh have agreed um to withdraw the criminal case pending against the petitioner and that they that that that neither of the parties shall institute any new cases before any court of law/forum/ authority in relation to their marital dispute after the signing of the agreement. and stuff.

[00:26:27]>> Perfect. Uh there is another agreement also [clears throat] compromise agreement that is dated 1425 H37.

[00:26:34]>> So >> after that again another agreement.

[00:26:36]>> Yes.

[00:26:37]>> So by that compromise agreement the SSR withdraw. Subsequently, another compromise date was executed between the parties on 1st April 2026 at Dimapo whereby whereby it has been again agreed between the parties that the the uh respondent shall withdraw the maintenance case number 8 of 2025 filed no pending before the principal judge.

[00:27:12]Family Court, East Champaran, Motihari Com, that the respondent shall also withdraw the domestic violence case uh filed against the petitioner before the uh SDSDJM motihari is Jaran and also not to pursue the a fire launched before the women PS uh pertaining to GR number 87/2025 and the parties have jointly agreed to file a petition before the high court to quash the FIR stop issue notice returnable in uh 4 weeks the learn PP Mr. Pap accepts notice on behalf of the respondent number two and no formal notice is called for. Stop.

[00:28:17]The petitioner shall take steps for service on the so on the respondent number one by speed post as well as usual process within within one week from today.

[00:28:34]>> Within 3 days >> within three working days from today.

[00:28:37]Actually it would have been better if you had filed a joint petition.

[00:28:42]You can do that also joint petition.

[00:28:43]Huh?

[00:28:44]>> Lordship I was suggesting to that to respondent member also but uh we he was uh willing to get his own council.

[00:28:52]>> Okay then what did I say uh by registered post as well as process within three working days from today. So please Dr. Number lordship. This content petition has been filed against the respondents for non-compliance of the judgment and order dated 2011 2025 [clears throat] passed in WPC 144 of 2024. uh your lordship you may kindly turn to page 29 pari in there this honorable court has in the judgment of the judgment of the an order has without any ambiquity [clears throat] and in clear terms directed the respondents taking into consideration the following observations and directions but [clears throat] >> for about disability pension >> yes >> okay and Then copy served 20. Yes. Lo 412. Yes.

[00:29:59]Okay.

[00:30:01]The instant application under section 12 of the contemps act read with article 215 the constitution of India and the relevant goati high court rules has been preferred by the petitioner alleging willful disobedience of the judgment and order dated 2011. 11 2025 passed in WPC 144/2024.

[00:30:36]So per learn council for the petitioner Miss Renoni. So it is the case of the petitioner that this court invite order [clears throat] dated uh 2011 2025 in WPC 144 of 2024 had directed the respondents to to consider the no to compute the entitlement of the disability pension to which the petitioner is entitled.

[00:31:10]as per the provisions of the rules of 1939.

[00:31:16][clears throat] Uh you say CCS rules CCS pension rules of 1939.

[00:31:25]So it was also directed that the petitioner would not be entitled to areas from the date the petitioner has been discharged from service stop. However, the petitioner would be entitled to the areas with effect from 257 2021.

[00:31:47]Stop. The respondents were jointly directed to take effective steps to release the dues of the petitioner within a period of 4 months from the date a certified copy of the judgment is served upon the respondent number four.

[00:32:04]So the learning council for the petitioner also submits that a copy of the uh judgment and order dated 2011 2025 has been duly served on the respondent number four.

[00:32:22]Who is respondent four? Respondent four is the commandant second >> has been served on the respondent for as well as all the respondents and the same has been received on 412 2025 stop. However, till date the respondents are yet to comply with the direction of this code. Hence the present application has been filed.

[00:32:46]Issue notice return to general in 4 weeks that the petitioner shall take steps for service on the respondents 1 2 3 and four by registered by speed post as well as usual process within three working days from today after 4 Uh may I lordship?

[00:33:16]>> Uh lordship I'm for the respondent number one >> lordship we have completed our affidavit and already submitted uh affidavit to the department for vetting >> but apparently lordship uh the p a is still on the leave. So if this matter could come after two weeks >> ag >> and you are for >> council for the petitioner Mr. Cen is present the council Mr. message appearing for the uh respondent number one. Is it respondent number one number one/ uh accountant general Nagalan uh submits that the affidavit on behalf of the respondent one is ready for filing. However, the same has been sent for vetting and the respondent one is on leave. Yes or >> respondent one is presently on leave accordingly he prays that they may be given another >> two weeks time to file the academic stuff cons and such is present for the performer respondent number two at least after two weeks >> bless or item number uh I'll be filing my compliance after the video number six and seven today.

[00:34:46]>> Six and seven.

[00:34:47]>> Yes.

[00:34:51]>> Publication done.

[00:34:52]>> Yes. Okay.

[00:34:54]>> Council for the Miss K is present uh and submits that uh service on respondent six and seven is uh complete and she will be filing the compliance affidavit by today by today. So uh council Mr. Metal ver is present for the respondents number >> 1 to 5.

[00:35:14]>> 1 to 5 list the matter after one week after one week.

[00:35:34]That is your lordship. Uh >> lordship by office not dated 19526.

[00:35:40]This honorable court allowed the applicant to file an I for implement of uh respondent one >> the new commissioner secretary PN uh my lord however has come to the knowledge of the applicant that uh the set officer in charge is still holding a set post.

[00:35:58]>> So still holding >> holding yes. So there's no requirement for IA.

[00:36:06]>> Who is the present?

[00:36:09]Oh, this Muhammad Alishia >> Lord should if I may be allowed to take steps by way of dusty council for the petitioner Miss Grace is present. Um upon verification it has been found that the respondent number one is still holding the post of commissioner secretary PNR uh Nagland and therefore the IIA uh will not be necessary stop. However, the nonp council for the uh the petitioner prayed that she may be allowed to take fresh steps for service on the respondent number one by way of speed post speed dusty.

[00:36:52]>> Dusty by way of dusty speed post >> by way of dusty.

[00:36:56]The prayers allowed. The petitioner shall take steps on respondent number one by dusty mode and thereafter file the complaints affidavit.

[00:37:06]This the matter after one week or two weeks.

[00:37:09]>> Two weeks. after treats.

[00:37:12]Much of much [clears throat] lordship noticed upon the last is still Council for the appalent miss such and such you move is present. Uh the office note dated 26 2026 indicates that the return service report in respect of respondents 1 2 3 and four are still awaited. So accordingly list the matter after 3 weeks awaiting service on the respondents number 1 2 3 and four.

[00:38:13]>> Same order in all.

[00:38:14]>> Yes.

[00:38:14]>> Similar to your similar >> item number nine and 10 >> item 9 and 10 also same item number 11.

[00:38:35]Who's appearing?

[00:38:37]Sir is >> appearing.

[00:38:41]Uh I think I think he's on his leg and code number one. If this can be listed after the listed items, my lord >> or maybe Passover, >> because we only have two more items.

[00:38:56]>> Yes. Pass over for the day. Okay.

[00:38:58]>> Okay. Lord for the day.

[00:39:08]>> May please my lady.

[00:39:09]>> Yes.

[00:39:09]>> Uh here in this matter the finance department we have given the concurrence for creation of the post in the year 2025.

[00:39:17]>> So with regard to the finance department there's nothing been pending lordship.

[00:39:21]So I pray that in regard to the finance uh the contain may be closed. uh respondent.

[00:39:27]>> But where is that? The conference >> give a copy to the petition also.

[00:39:48][clears throat] The last page uh her name is at serial number 35 >> and the concurrence was given on 18 11 2025.

[00:40:04]>> Okay. [clears throat] This was given on >> 18 11 2025.

[00:40:11]>> How come steps are not being taken by the other responders?

[00:40:15]>> Uh your lordship if I may be allow to make a >> short submission here.

[00:40:20]>> I'm representative respondent number one. Lordship if if my lord can kindly come to page 22 there's a relevant portion of the order >> par 10 my lord >> page 22 of the >> content petition par if I may be allowed to read this >> para >> it's it says that in the above obtaining fact situations the instant repetition is disposed of with the direction to the state respondent to consider the case of the petitioners in terms of the schemes frame for regularization and notified by the office memorandum dated 1735 and to bring his process to logical conclusion as expeditious as possible preferably on or before 31 31 to 36. So it was to consider the case of the petitioner >> no consider but then uh the P&R and finance have already given concurrence.

[00:41:17]Yes.

[00:41:17]>> Concurrence for >> so it has come to a logical >> 40 post to accommodate.

[00:41:22]>> Yes.

[00:41:24]>> So logical conclusion will come when this is put into action and then these 40 post this is meant to accommodate this persons. Correct.

[00:41:34]>> So when that order is passed then it'll come to a conclusion. [laughter] >> Yes that is the conclusion.

[00:41:40][clears throat] >> I yeah in that case.

[00:41:43]>> Yes. So you file your affidavit because respondent uh it appears that respondent one and three one three four now have nothing to do.

[00:41:54]>> Yes.

[00:41:54]>> So it'll be only the respondent five respondent uh two and five isn't it?

[00:42:02]>> Yes. Two and five. Two and five.

[00:42:06][clears throat] >> Yes. What you >> lordship? Uh on the last occasion, Miss Pichano the learned PP appeared on behalf of respondent five.

[00:42:13]>> Uh I was informed this morning that respondent five the chief engineer is uh transferred. So lordship may kindly allow me to serve copy to the present chief's notes.

[00:42:26]>> No, you'll have to >> you'll have to complete you have to file an I.

[00:42:31]>> Anyway, uh learn council for the petitioner Mr. Cent is present. Miss V Shukri appears for respondent number two and three uh two and four and has uh produced a copy of um the of the what can this be? This is not a notification. The first one uh is the letter dated 30 >> letter dated 30th March 2026 [clears throat] from the finance department wherein uh a list of employees a list of names of employees have been uh enclosed and uh and it is stated that the finance department establishment and ROP cell has examined the case and has agreed to the proposal of the works and housing department for creation of 40 post to accommodate those work charge employees who have completed 30 years of service as on 1 2015 stop. The name of the petitioner appears at serial number 35 in the set list and it is therefore submitted by the learned council that as far as the respondents number one uh no no respondents number two and four are no not two four as far as the respondent number four uh it should be four yeah respondent number three and four respondent number three and four are concerned the the uh order of this court the the direction of this court dated uh 2592025 has already been complied with and she prays that the matter may be closed as against the set respondents so learned council Mr. Nangami appears for respondent number one and Miss Pichan Kitan for respondent number >> five block >> five >> you appearing for two also >> yes yes >> so two we cannot delete now because two is they have to do it um accordingly uh the it it is it is the view of this court that uh The role of the respondent number um three and four is no longer there in as far as the instant uh instant content petition is concerned and and no uh we can delete it also. we can delete their names also and therefore then the respondents number uh three and four may be deleted from the array of respondents. So however the uh respondents two two and five are required to file their affidavit of compliance you are appearing only for one no I only for one >> Mr. Mr. Nangami appears for respondent number one. So uh list after 3 weeks and and within which time and uh and before the next date list after 3 weeks and before the next date the respondent number two and five shall file their uh compliance affidavit regarding the steps taken by the department of works and housing after the uh after the creation of the 40 post by the fin list after Tuesday.

[00:46:25]>> And and in the meantime, the petitioner is also allowed to file an IIA for treatment of the new >> uh new incumbent new incumbent in place of respondent number five.

[00:46:39]>> This one you you take it back or it's okay. The letter dated 30th March 2026 is kept on record as an extra uh as and marked as X. Okay.

[00:46:54]What's item number?

[00:47:06]>> Yes, >> the computer service is still a sandy service for the petitioner Mr. Centennial is present. The office noteated 11 site 2026 indicates that uh the return service reports are still awaited in respect of respondent one two and three.

[00:47:24]So please after 3 weeks a waiting report service report under respondents item number two.

[00:47:42]>> Yes. What are you saying in your affidavit?

[00:47:44]>> Yes, your lord chief uh I have already stated in my affidavit that uh the cabinet chief uh saw the review of the AG and after that to uh there was a direction to the concern department to resubmit [clears throat] to the cabinet chief. So after that like the opinion of the AG was sought for the AG gave that like there is no uh alternative remedies but the payment I mean the honorable court order has to be complied with. So accordingly the department has resubmitted lord chief uh the case of the petition to the next lord chief the last seven.

[00:48:29]So now your lordship is before the cabinet the we have resubmitted your lordship on 27th on 27th May.

[00:48:54]So when was it resubmitted? on 27th May.

[00:48:58]>> 27th May.

[00:48:59]>> Yes. Yellow chief. The cabinet held on 6th May. You lo and after that opinion was sort on 14th May. Then uh the AG gave a response on 21 May and uh the department >> they resubmitted on 27th May.

[00:49:18]>> So we are also actively you know pursuing the case you know.

[00:49:21]>> So I think the fruit will ripen soon.

[00:49:25][laughter] It appears it appears >> because uh that is the last last uh remedy the the advice of the AG. So now that the AG has >> I just about to pluck it.

[00:49:41]>> Yes. Now that the AG has said that all judicial remedies stand exhausted. So hopefully you just wait for some time.

[00:49:50]>> Yes. So sometime my uh here my only apprehension is at least those areas that is also one thing because it needs uh approval or whatever. No >> however at least when they get salary >> there's by now their salary ought to have been uh provided >> salary their monthly salary has not been affected and >> they're not getting their monthly salary.

[00:50:16]>> No no their monthly salary of that. You mean you mean in that scale >> at least at least the scale?

[00:50:22]>> No no no but but the entire thing is the direction that grand of that scale of pay along with areas that is the package. So they cannot separate it. So the proposal here is for grand of the scale of pay as well as cumulative areas.

[00:50:40]That is that is the proposal before the cabinet.

[00:50:44]>> What should uh >> will my keep it pending for some time?

[00:50:47]What can we say?

[00:50:49]>> However, within my understanding after the this honorable court direction, >> tell them to keep track of the cabinet meetings which I held.

[00:50:58]>> Why? Why cabinet has to approve it again after the it's a court's direction? No.

[00:51:04]What I mean is they sought the cabinet sought the advice of the AG. So now this will be placed before the cabinet again the AG's advice. So they will take a decision after that.

[00:51:18]Uh the the respondent number one has filed the affidavit by which it has been stated that no first you say learn council for the petitioner Mrs. the mom is present as well as Miss Levika for the >> for all the containers >> for all the containers/respondents.

[00:51:39]So the affidavit on respon uh on behalf of the respondent number one has been filed by which it is it is stated that in which it is stated that the state cabinet in its meeting dated 65 2026 had directed the concern department to seek the advice of the advocate general on the proposal for grant of scale pay to RMSA teachers and to resubmit made to the cabinet stop. Accordingly, the legal opinion uh of the advocate general was sought and in response the advocate general Nagaland B letter dated 215 2026 had advised that the court's order for strand of scale pay to RMSA teachers must be complied with as all the legal remedies have been exhausted. Stop.

[00:52:36]Subsequent to this, the school education department has resubmitted the cabinet memorandum for grant of scale pay and cumulative areas to the cabinet secretary cabinet cell Nagaland on 275 2026. So therefore the the uh respondents are awaiting the outcome of the next cabinet meeting. Is it >> and and therefore we have sought for some cabinet meeting and therefore seek for some more time to uh get the to get the cabinet approval.

[00:53:15]In view of the uh statements made in the affiliate of the respondent number one comma this court is of the view that uh the respondents may be granted some more time awaiting the awaiting the outcome of the cabinet meeting. So list the matter four weeks to [laughter] >> least after four weeks. Yes, least after four weeks >> as a last chancellorship.

[00:53:46]>> We'll see because they don't have control over the cabinet meeting now.

[00:53:49]They don't know when the cabinet meeting will be held.

[00:53:54]That's a pleasure. Bless you.