Sr AAG denies ACAUT, PSAN assertions

DIMAPUR, JUL 31 (NPN): | Publish Date: 8/1/2018 3:02:41 AM IST

 Responding to the demand of ACAUT and Public Service Aspirants of Nagaland’s (PSAN) over the alleged illegal appointments of 706 persons , Senior additional advocate general (AAG) of Nagaland K. Sema pointed out that he had sought dismissal of the writ petition filed by ACAUT and Nitoka V Swu in Kohima Bench of Gauhati High Court seeking termination of 655 appointments and requisitioning of 706 posts to Nagaland Public Service Commission (NPSC) under various grounds. 

First, he asserted that the petition by ACAUT and PSAN was defective and liable to be dismissed as it sought termination of 655 appointments made in 25 State government departments through a single petition. 
He also pointed out that being an unregistered body, ACAUT was “non-juristic person” having no locus in law to challenge the appointments made by the government. Further, he said Swu was also not an aggrieved person as per law and also failed to disclose as to whether he possessed the requisite eligibility criteria to be appointed against any of the post(s) to which appointments had been made. 
Sema also claimed the petition was also defective for “non-joinder of necessary parties” as those persons whose services were sought to be terminated had not been impleaded in the case.
The AAG also rejected claims of ACAUT and PSAN that he had stated before the court, that 706 posts mentioned in the writ petition were all non-sanctioned posts, following which the organisations sought clarification from the State government. He denied that any mention was ever made before the court that the 706 posts were non-sanctioned posts. 
He said the court was told that the 706 appointments sought to be terminated and requisitioned to NPSC were not only made in different departments, but even the nature of appointments and the present status of services of the appointees were different. K. Sema also clarified that filing of a single petition seeking termination of the services of such a huge number of employees en bloc was inherently defective. 
Sema said the court was also told that when the petitioner(s) had failed to impugn the policy decisions of the government and the order regularising and absorbing the service of the employees, they (petitioner/s) could not seek termination of such employees in the manner sought to be done in the writ petition. 
On the appointments made on fixed pay and ad hoc/contract basis, Sema said the court was told that unless the government created substantive posts, the question of requisitioning such posts to NPSC did not arise. The final hearing of the case concluded on July 26 and the court had adjourned the case for verdict. In this regard, Sema reminded that the issue was therefore subjudiced. 
He then requested ACAUT and PSAN not to misinterpret the court proceedings and mislead the public by seeking clarification from the government on a point that did not arise. 

-Tags:#Sr AAG

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