DIMAPUR, AUGUST 16 (MExN): The Against Corruption and Unabated Taxation (ACAUT) Nagaland has accused the Nagaland Health and Family Welfare (H&FW) Department for “blatant violation” of the State Government’s Office Memorandum (OM) issued on June 6, 2016, and the Gauhati High Court’s order dated August 5, 2016, with regard to regularization of contract employees.
A press note from the ACAUT said that the department is conducting an “illegal ‘Suitability Test for Regularisation’ of 19 contract doctors (2009-11 batch) and 2 X-ray technicians on August 17 at the Conference Hall, office of the H&FW.”
It alleged that the suitability test moved by the Secretary, H&FW, “for regularization of contract employees is violative of both the latest OM, 2016, and the HC judgment which has not only banned all sorts of contract appointments but has also barred regularization of contract appointees as well.”
The ACAUT reminded that the latest Office Memorandum had made “explicit mention of Dr. Atouzo Vs. state of Nagaland case whereby the Gauhati High Court, Kohima Bench, rendered illegal the regularization of 13 Veterinary Doctors and dismissed their appointments with the remarks that such regularization was illegal, unconstitutional and arbitrary.”
The High Court, quoting extensively from Umadevi case, also noted that , “The entry of these appointees into the service having been achieved through back door cannot acquire any right and so regularization of their services would amount to negating the prescribed procedure at the cost of Articles 14 and 16 of the Constitution of India.”
Therefore, the ACAUT stated it is incumbent upon the H&FW Department to not only stop the “illegality of the regularization process as conducted by it but to allow all the contract posts in the department to lapse since the 19 doctors were appointed between 2009 and 2011; the necessary 1 year contract period has already lapsed.”
It further informed that the posts of Medical Officers (MO) come under the purview of NPSC examination and therefore the Cabinet or the P&AR department cannot regularize any posts.
