State

ACAUT,PSAN clarify that HC Court disposed not dismissed petition

DIMAPUR, AUG 7 (NPN): | Publish Date: 8/8/2018 12:00:00 AM IST

 ACAUT Nagaland and Public Service Aspirants of Nagaland (PSAN) have clarified that Kohima Bench of Gauhati High Court had not dismissed the writ petition seeking termination of 655 appointments and requisitioning of 706 posts to Nagaland Public Service Commission (NPSC), but had disposed it off with binding observations.

In a press release, the organisations pointed out that the court had ruled the State respondents should take steps for filing up regular vacant posts, manned by contract/ad hoc employees, as per recruitment rules enforced. 

Ruling that the State government’s plan to regularise employees who had completed three years on contract/ad hoc as per the office memorandums of August 11, 2016 and August 4, 2008 was violation of law as in Uma Devi’s case in Supreme Court of India, the court directed that the State government should not regularise any person having completed three years in contract/ad hoc basis, the release added.

Further, the judge cautioned that if any private respondent was appointed on contractual or temporary basis in violation of the office memorandum of June 6, 2016, the same would have to be deemed null and void. 

Referring to the court order, ACAUT and PSAN explained that as a one-time measure, the State government could only regularise services of those irregularly appointed on contract or ad hoc basis and who had served more than 10 years as on April 10, 2016, the date Uma Devi judgement was passed by the Supreme Court. 

Thus, the office memorandums of August 11, 2016 and August 4, 2016 negated the laws laid down in Uma Devi and ML Kesari, and could not apply to the State government. And if the State government acted in violation of the rule laid down by the apex court, the same would be illegal and could be challenged and regularisation would be null and void, the organisations said quoting the order.

The court had observed that it was a settled law that no person could be appointed even on temporary or ad hoc basis without inviting applications from all eligible candidates. 

And any contractual, temporary or ad hoc appointment made without prior advertisement in the media, including news papers, was violation of Articles 14 and 16 and liable to be quashed and set aside and the posts be filled up as per law, it added.

ACAUT and PSAN made it clear that the judgement could not be challenged as it quoted extensively from the Uma Devi case. 

As a precaution, to avail the benefit of regularisation, a person must have been irregularly appointed (not illegal) and had served on contract or ad hoc basis for more than 10 years as on April 10, 2006, which would mean a person must have been appointed before April 9, 1996. To this effect, none of the 706 + 58 would come under the benefit as they were all appointed in 2006-2016, after Uma Devi judgement, the organisations pointed out.

On maintainability issue, the organisations said they would not challenge the appointments of 655 persons appointed before the office memorandum of June 6, 2016. The prayer was only for a direction to the 22 heads of department impleaded to take step for requisitioning the contract posts to NPSC within in a time-bound period, they clarified. 

The release explained that ACAUT and PSAN intended in good faith that their appointments would not be quashed so as to enable them to continue in service till regular recruitment was made through NPSC, and that they also be allowed to participate in the recruitment process with relaxation of age, if any. 

Unfortunately, the respondents raised objection for non impleadment of 655 individuals and sought dismissal of the writ petition. To this effect, liberty was granted to the petitioners to agitate afresh by adding necessary parties. 

Pointing out that a welfare State could not survive by illegal means and discrimination in matters of public employment, the organisations urged the State government to immediately restructure the deplorable system in matters of appointments

Be it in administrative exigency where contractual, ad hoc, retainer, temporary or casual appointments were to be made, it was mandatory that advertisements were issued and all posts advertised to let all qualified Nagas participate in the recruitment process as per constitutional norms and statutory rules, the organisations demanded.

 

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