Dimapur, February 21 (MExN): The ACAUT and PSAN have reminded the Nagaland State Government that “any appointment made without advertisement and regularization is not only unconstitutional but also null and void.”
This was stated by the media cell of the ACAUT and PSAN today while informing that an order by the Division Bench of the Gauhati High Court has dismissed the writ appeal filed by the State Government challenging a writ petition by ACAUT and PSAN against “backdoor appointments” in 706 NPSC posts.
“The ground for the State Government's challenge is that the single judge committed a mistake in not allowing the State Government from regularizing the service of backdoor appointees who have completed 3 years of service as per Office Memo dated 4.8.08 and 11.8.16, though disposed off as not maintainable,” stated the anti-corruption organizations.
On February 7, the Division Bench dismissed the writ appeal and upheld that, “the learned single judge did not make any illegality in directing the state respondents, the appellants herein, not to regularize any person who have completed only 3 years of continuous service on contract/ad-hoc basis in terms of those office memorandums dated 4.8.08 and 11.8.16 noted above, as those OMs are found not in conformity with the law laid down by the Apex Court in the case of Umadevi. Accordingly, the directions and observations made by the learned single judge do not call for any interference and this writ appeal being devoid of merit, stands dismissed,” informed ACAUT and PSAN while hailing the order.
The bodies clarified that the ACAUT first filed PIL NO.11(K)/15 against backdoor appointments and by order dated 5.8.16, the PIL was disposed off on the basis of OM 6.6.16 notifying ‘Ban on appointment on contract basis,’ which was placed before the court on oath by the State Government.
“The court gave liberty to ACAUT that in the event of any violation of the clause contained in the said OM, the petitioners would be at liberty to approach the Court. Regardless, the state government made another 51 backdoor appointments in Cl-I and II gazetted posts and ACAUT and PSAN were compelled to file W.P. No.145(K)/17 and the judgement and order dated 3.8.17 passed in this case, against which, state government went for appeal,” the organizations informed.
ACAUT and PSAN reminded the government that “in the event of any illegal appointment made after the court order 5.8.2016, would tantamount to blatant undermining of the judiciary and contempt of court.”
