DIMAPUR, JULY 14 (MExN): The Eastern Naga Students’ Federation (ENSF) today asked the Nagaland Planning Machinery Service Association (NPMSA) to go to court instead of “threatening agitation” with regard to the latter’s recent call to protest on the issue of incorporation of ADC and OSD posts.
The NPMSA had stated that it would begin agitation to protest against the failure of the state government to redress their demand of removing/expunging the OSD (Skill Development) from the cadre post of the Nagaland Planning Machinery Service Rules 2019.
On this, the ENSF, in a press release from its President, Sepili Sangtam and General Secretary, Imti Choba Chang took note of the NPMSA’s statement wherein “one of the bonafide members of Eastern Nagaland has been named as if a crime has been committed.”
While appreciating approval of the Service Rules 2019, the ENSF stated that the NPMSA “have no legal right to question the legally justified decision of the State Government or moral authority when large numbers of employees have questionable entry into the department.”
The ENSF said that there was no approved/ notified Service Rules of the department since its inception, and it was only the recent Cabinet that approved the Service Rules (SR) 2019 on June 29, 2019 based on the High Court Order dated May 20, 2019 and the Rules of Executive Business 2016.
“The court’s observation that the posts of Assistant Development Commissioner (ADC) and OSD (SD) are not inter-transferable was correct since the post of OSD (SD) was not mentioned in the draft Service Rules of 2010. The post of OSD (SD) was included in the SR 2019 as a follow up action of the Court verdict dated May 20, 2019 wherein, it stated...that the authorities will be at liberty to frame the necessary draft service rules in respect of all the posts in accordance with law...” the ENSF pointed out.
The federation added that the government’s move was within its power and as per the Court’s observation, “and all other due process of law & procedure were followed & adhered to including the clearance from the Department of P&AR.”
“If the association is so aggrieved by this decision, they have every liberty to approach the appropriate court instead of blackmailing and resorting to all types of ultimatum to the State Government,” the ENSF stated.
Spelling out the series of events from 2012, with regard to the particular officer, the ENSF said that the “operative portion” in the High Court’s latest order was “...that the authorities will be at liberty to frame the necessary draft service rules in respect of all the posts in accordance with law...”
Stating that the court has not interfered with the decision to make the post of OSD (SD) a regular post in the rank and pay of ADC and the inclusion of the said post in the Rules, the ENSF said that it has also given the liberty to the petitioners to challenge the service rules if the same are found to be arbitrary and discriminatory.
Meanwhile, the ENSF pointed out that despite 40 years since the Reservation Policy, the six tribes of Eastern Nagaland represents only 10.1 % and Chang, Khiamniungan and Yimchunger tribes have zero representation in the employment list of the Department of Planning & Coordination. “This is a classic case of how the people of Eastern Nagaland are systematically deprived, victimized and denied employment opportunities,” the ENSF stated. It questioned the NPMSA “where is the justification and voice of the association when more than 38 employees in the department are backdoor appointees in the absence of the Service Rules?”
Quoting information acquiresd to an RTI in 2015, the ENSF stated as per the department “there is no particular mode of entry and absorption/regularization of the employees on deputation.” “In the past and due to the absence of approved Service Rules and non adherence to the draft Service Rules, there have been several instances where persons have been brought on deputation at different lateral entries with different types of designations and subsequently absorbed in the department,” it said.
Citing seven such examples, the ENSF informed that six of the deputationists in the department have been absorbed, promoted and are even heading the department, while “only one case of OSD (SD) has been targeted and discriminated for the past 7-8 years.”
Accusing the NPMSA of trying to sabotage the career of that particular officer “for the last 7-8 years,” the ENSF stated that it would not succumb to any sort of blackmail, threats and will not remain a mute spectator to a group with “malafide intent.”
