Kohima, August 6 (DIPR): The Nagaland Retirement from Public Employment Act, 1991, defines public employment as "appointment to any pensionable state public service or posts connected with the affairs of the State of Nagaland and the Nagaland Legislative Assembly, and includes any appointment under the government of India, and other State Government, Central or State Public Sector Undertakings and local authority held by persons prior to their absorption under the public service of the State of Nagaland and the Nagaland Legislative Assembly which counts for the purpose of pension".
And whereas, clarification have been sought by many department whether the services rendered in adhoc/contract/work-charged capacity prior to regular appointment made through NPSC or Department Selection Board or any other prescribed procedure shall count as public employment for the purpose of calculation of length of service under the above Act.
And whereas, the Government of Nagaland, vide No. AR-13/21/74 dated 08/07/1975, had earlier clarified that all adhoc services which is followed by regularization, or fresh appointment in the same post, should count towards pension.
And whereas, the Gauhati High Court in their judgement dated 24/07/2012, Case No. WA-168/2012, WA-175/2012, WA-177/2012, WA-178/2012, WA-179/2012, WA-180/2012, WA-181/2012, WA-183/2012, has ruled that the period of service rendered on adhoc/contract/work-charged has to be counted for computation of public employment under the Nagaland Retirement from Public Employment (2nd Amendment) Act, 2009.
Therefore, all the above categories of services which are followed by regularization or regular appointment in the same post without break or gap in service, shall be counted as public employment, and included in calculation of length of service for the purpose of pension under the Nagaland Retirement from Public Employment (2nd Amendment) Act, 2009.
This is issued in supercession of all office memoranda on the same subject issued vide No. AR-5/ASSO/98 dated 26/11/2009, dated 15/02/2010, dated 11/10/2011, and dated 22/12/2011.
