Dimapur, November 16 (MExN): With the Department Recruited Aggrieved Nurses' (DRAN) 2021 deciding to shift its mode of protest to an ‘indefinite dharna’ starting November 17, the Government of Nagaland has responded by invoking powers conferred by Section 3 (1) of the Nagaland Essential Services (Maintenance Act), 1978.
Late on Wednesday evening, the state DIPR issued a three part statement, addressing various issues relating to service regularisation of the aggrieved nurses and the ceasework protests that have continued since November 9.
“The State Government has stated that the call given by the Aggrieved Nurses for ceasing of work by the Nurses employed/deployed in Government Health Unit/facilities will seriously impact the delivery of essential services, thereby putting in grave jeopardy the lives and well-being of the people of the state. The Governor of Nagaland in exercise of the powers conferred by Section 3 (1) of the Nagaland Essential Services (Maintenance Act) 1978 on being satisfied that in public interest it is necessary to do so, prohibits the call for cease of work by Aggrieved Nurses from November 5, 2022,” the DIPR release stated.
Under the Act, any nurses employed/deployed/engaged in any Government Health Unit/facility who goes cessation of work /strike, shall on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both, it said.
Meanwhile, it also drew attention to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike or in any way, abet any form of strike.
‘No right to claim
for regularisation’
The Department of Health & Family Welfare (H&FW) also issued clarifications pertaining to the nature of the aggrieved nurses’ service engagement, and maintained that the nurses have “no right to claim for regularisation of the engagement of contingency basis on any ground whatsoever” as per the terms and conditions of their engagement.
Elaborating on the chronology of events, it said that the Cabinet created 143 posts of Staff Nurse on June 12, 2020 and another 78 post of Staff Nurse on June 25, 2020 “with clear direction that these appointments will be temporary and regular recruitment shall be conducted through special NPSC recruitment drive (clause B).” Further for the Staff Nurse, as per the recommendation of Manpower Rationalization Committee (MRC) , the Department should filled up 50% of post of Staff Nurse from the queue of former Nursing Diploma/Graduates and the remaining 50% should be filled up through direct recruitment and open competition, it said.
Based on the Cabinet Memo of June 25, 2020, the H&FW Department subsequently issued a notification on July 5, 2020 framing the basic guide lines for recruitment and service condition of the Medical Officers, Nurses, Technicians and other Para-medical staff. “The Clause 2 of the notification stated that these appointments will be temporary/fixed and that regular recruitment shall be conducted through Special NPSC recruitment drive for all post coming under the purview of NPSC,” it pointed out, while adding that Clause 5 pertained to the 50-50 formula recommended by the Cabinet.
Following this, advertisements were issued on July 16, 2020, followed by a corrigendum to rectify ‘regular basis’ to ‘temporary appointment’ on July 17, 2020, and an addendum in November the same year bringing the total number Staff Nurse posts for open recruitment to 129.
According to the department, the Unemployed Trained Nurses Association (UNTA), dissatisfied with the Cabinet decision and department notification, filed a Writ Petition before the Gauhati High Court, Kohima bench but the Court disposed the case “with an observation that there is nothing illegal in the impugned notification dated July 5, 2020.”
The Court had also observed that it is not inclined to interfere with the Cabinet decision but however, directed the State respondent to relax the maximum age eligibility to 45 years to all the trained nurses in Nagaland as in the case of contractual employees.
Accordingly, the Department conducted an exercise to fill up of 129 post of Staff Nurse and engagement order was issued on April 15, 2021 with the terms and conditions which state that “Engagement shall be for the period of 12 (twelve) months only or till regular appointment is made through NPSC whichever is earlier. The appointees shall have no right to claim for regularisation of the engagement of contingency basis on any ground whatsoever and the engagement shall be liable to be terminated at any time without any notice and without assigning any reason thereof.”
“On the approval of the Cabinet, after consultation with NPSC and as per the advice of P&AR Department, the H&FW Department has issued notification dated November 2, 2022 for Special Recruitment Drive to be conducted by the NPSC including Staff Nurses, where due weightage of marks has been accorded for COVID-19 duty @ 25% and Work experience @10%. This weightage is as per the Government of India advice to all States issued during the COVID pandemic,” the H&FW Department stated.
The department stated that it had several rounds of meetings with aggrieved Staff Nurse representatives, where the Government reiterated the Cabinet decision and their appointment terms and conditions and requested them to call off the agitation.
“However, despite the appeals to call off the agitation, the aggrieved Staff Nurses have decided to go for complete cease work even in ICU & Emergency services w.e.f, 16.11.2022, severely jeopardising the health of the patients in Government hospitals,” and as per the Government Order on November 16, the ongoing agitation has been declared “illegal,” it added.
