The ANATG-2015 Batch is a group of teachers consisting of Graduate Teachers, Primary Teachers, Hindi Teachers, Drawing Teachers, Language Teachers and Vocational Teachers serving under the School Education Department on adhoc basis. We were appointed between the years 1995 to 2012. Ninety percent of us are paid fixed salary of `6700/- and `8400/-. Mention may be made that all of us have been appointed against sanctioned post. The Government of Nagaland is aware that in the past most of the teachers under the School Education Department have been appointed on adhoc basis and have been regularized subsequently. The practice for recruitment of teachers in the State under Department of School Education has been as such that, initial adhoc appointment is followed by subsequent regularization. In tune with the practice followed in the Department of School Education, we also accepted the offer of adhoc appointment drawing assurance from the prevalent practice. We believed that, like our seniors, we would also be regularized after going through Screening test/ Suitability Test and other clearances and approval from the esteemed P&AR department.
Acknowledging the nature/manner in which appointments are normally made, the Government has also framed and notified various regularization schemes from time to time. To the best of our knowledge, general regularization policy for contact/adhoc employees was put in place since the year 2004. Many have benefitted based on regularization policies framed by the Government from time to time. We are similarly circumstanced as the persons who were regularized on the basis of various regularization policies of the State Government. One such regularization scheme was notified vide Office Memorandum No. AR-5/ASSO/98 dated 4.8.2008. The said Memorandum provided for regularization of contract/adhoc employees with 3 years of continuous service. As per the said Memorandum all of us ought to have been regularized by the year 2015. Unfortunately, it was only on 13.5.15 that the Department of School Education published a Circular in the Newspaper asking teachers and instructors to submit documents for regularization of their service. After the verification of our documents by the department of School Education and clearance from the P&AR department , a suitability/written test was conducted on 20.5.17 of which the 1166 have successfully cleared the suitability/written test . Thereafter, by letter dated 26.10.17, the department submitted a cabinet memorandum for regularization of 1166 teachers for approval by the Cabinet. The proposal for our regularization was placed before the Cabinet in its meeting held on 11.11.2017 as agenda No. 44. However, in the meantime ACAUT filed a writ petition before the Hon’ble High Court which was registered and numbered as W.P.(C).No. 145(K)/2017. The Hon’ble High Court by an interim Order dated 28.7.17 stayed the Memorandum dated 4.8.2008 and another Memorandum dated 11.8.16. In view of the said stay order, the Cabinet which held its meeting on 11.11.17, amongst others, deferred the decision to regularize our services. In the writ petition filed by ACAUT\PSAN, the O.M dated 4.8.08 and O.M dated 11.8.16 were also challenged along with the contract/adhoc appointments of about 706 persons of Class-I & II Gazetted post under various departments. However, the important point to note is that, our appointments were not challenged. Most importantly, ACAUT\PSAN did not raise any objection in the writ petition against the steps taken for regularization of our service, including the agenda before the Cabinet for regularization of our service. However, since the O.M dated 4.8.08 was stayed by the Hon’ble High Court, the Government did not proceed with our regularization but decided to wait for the disposal of the case.
We made several request verbally as well as in written for regularization of our service, explaining that in the case filed by ACAUT & PSAN, the regularization of our services is not a subject matter. In response, the Department maintained that since the regularization schemes vide O.M dated 4.8.08 and 11.8.16 have been stayed by the Hon’ble High Court, our regularization is not possible till the Interim order is modified in favor of the ANATG -2015 Batch or till the court case is disposed off. Having served for so many years under the Department, most of us have become overaged for seeking fresh employment. Except us, most of the adhoc teachers under the Department have been regularized. Furthermore, there are many instances where regular appointments have been directly made and are still continuing to be made without any selection process.
Teaching is a noble profession and teachers are expected to carry themselves in dignified manner. We feel that it is important for teachers to earn the respect of the society. However, with regret we say that it has become impossible to live a respectable and dignified life on the meager salary that we are receiving, particularly with the expectation for contributions from us in so many other fields. The insecurity and hardships that we and our families are facing have become intolerable. If the Department had proceeded promptly for regularization of our service in terms of the standing Memorandums, our regularization would have been completed much before ACAUT & PSAN filed the case. Faced with no other alternatives and with much regret, we decided to resort to the age old form of protest in a democratic set up. On 18.6.18, we began our mass sit in protest/agitation before the Directorate of School Education at Kohima. Some of our members also undertook hunger strike. Our grievances were noticed by the Government as well as organizations such as ANSTA, NSF and ENSF. Deliberations were held between our representatives and high ranking Government functionaries as well as with the leaders of the aforesaid organizations. In the course of our deliberation with Government officials/functionaries we were made to understand that there was legal impediment for our regularization due to the stay of the Office Memorandums by the Hon’ble High Court. In this connection the Senior Additional Advocate General had given his opinion by Letter dated 17.5.18 that our service should not be regularized till the case filed by ACAUT & PSAN is disposed. In view of the interventions from the Government side as well as the various organizations and also in view that the case filed by ACAUT& PSAN which was slated for its final hearing, we decided to temporarily suspend our strike.
The case filed by ACAUT & PSAN was disposed off by the Hon’ble High Court by Judgment & Order dated 3.8.18. None of the reliefs sought for in the said writ petition was granted. The most important point to note is that the O.M. dated 11.8.16 and more particularly, the O.M dated 4.8.08 have not been set aside/quashed by the Hon’ble High Court nor did the Judgment banned the regularization of 1166 Grade –III Adhoc Teachers. In the aforesaid Judgment, the Hon’ble High Court has made observations regarding public employment and regularization of service. However, the fact of the matter is that the O.M dated 4.8.08 has not been interfered with by setting it aside. Thus, with the disposal of the said case, the stay order passed on 28.7.17 is no longer in force. That apart, we are confident that the Government will understand that laws applicable to mainland India may not always be justly applicable to the facts and circumstances prevailing in our State. The prime of our life has been used/dedicated to the service of the Government/public and Therefore, we have been pleading the government to be magnanimous and merciful to our plight and take up any possible measures to regularize our service, but to this day our pleas and cries are still unheard.
As stated earlier, our appointments and regularization was not an issue in the case filed by ACAUT & PSAN. Furthermore, the Hon’ble High Court has not set aside/quashed the scheme for regularization put in place vide O.M dated 4.8.08. Above all, there is no direction by the Hon’ble High Court not to regularize our services. Therefore, we humbly submit that Contempt of the High Court’s Judgment will not be attracted even if our services are regularized. The esteemed Government is also aware that Contempt of Court will be attracted only when there is willful and deliberate violation of specific direction passed by a Court.
In the aforesaid circumstances, we requested the esteemed authority to end our insecurities, miseries and hardships by ordering the completion of the remaining process of our regularization. We are discharging our duties in the same manner and circumstances as any regular teachers. Therefore, we are entitled under the law for equal salary as the regular employees. In fact, the Department of School Education by Notification No. DSE/ADHOC-SALARY/2015 dated 13.10.2017 has granted scale pay of `5200-20200 with grade pay of `2400/- and `9300-34800 with grade pay of `4200 to all adhoc Primary Teachers and Graduate Teachers respectively who were appointed after 1.7.2017 against resultant vacancies. As stated earlier, we have also been appointed against sanctioned posts. Therefore, it is ridiculous that adhoc appointees after us are given the latest scale pay whereas we are continued to be discriminated. We may also add that the Rule 5 (i)(c) of the Nagaland School Education Service Rules, 2017 provides a mode of recruitment through limited departmental examinations. Furthermore, Rule 32 of the said Rules has provided the power to relax the application of the Rules to mitigate undue hardships. And as such the ANATG even requested the government that these provisions of the Rules can also be explored to overcome legal impediment, if any, towards our regularization. However, even to this day we are been replied only with the lame excuse of Court’s judgment.
The ANATG-2015 left with no other option submitted an ULTIMATE ULTIMATUM, of 10 days to the Department/ Government to consider our regularization matter on 7th Sept 2018 by consulting the esteemed ANSTA, NSF and ENSF. However the government remained adamant with the same Court Case excuses. Thus the agitation was resumed by the ANATG-2015 Batch on 21.09.18 and was taken to the street after proper judgment and consensus with the 1166 members. The ANATG 2015 Batch’s resentment was purely based on the fact that incumbents from various departments were been regularized. However we have been told, the Government’s inability to regularize the Adhoc teachers basing on their stand that the court’s judgment has restrained the government from regularizing any adhoc/Contract/ casual employees. Despite of all the difficulties that has been faced by its members and gathering at the State capital , the ANATG temporarily suspended the agitation on 21.09.18 with an assurance from the government through the intervention of ANSTA and NSF that the meeting will be held on 26.09.18 with the department official headed by the Advisor of School Education for solving the aggrieved matter of ANATG-2915 Batch .
As proposed, the meeting was held on 26.09.18 in the presence of Advisor of School Education, Senior Additional Advocate General to the Government of Nagaland, Principal Secretary; School Education and Director of School Education. In this meeting the ANATG was assured that granting of regular scale of pay based on the constitutional rights of “ Equal Pay for Equal Work” would be proposed for cabinet approval. And as such the Cabinet meeting was convened vide Circular NO: CAB-2/2003(pt) dated Kohima the 26th Sept. 2018. However on learning that the meeting which was proposed on 28.09.18 was deferred Vide Circular NO: CAB-2/2003(pt) dated Kohima the 28th Sept 2018 without any logical reasons, has again proved the government’s negligence and ignorance towards the aggrieved matter of ANATG-2015 Batch leading to untold miseries and hardships that are being faced by the aggrieved teachers. It was further learnt that the Cabinet meeting was to be held at 2 PM on the 29th of Sept. 2018. The ANATG members anticipated for this scheduled meeting with good spirit and hope that the government would discuss the demands of the ANATG . However by late evening it was learnt that the meeting was held but nothing relating to the ANATG issue were discussed.
Despite so many meetings, discussions, deliberations and analysis with the government, it is so disheartening and discouraging to know that, the Government is not at all taking initiatives to resolve the long standing issue of the ANATG. It even hurts the members, to learn that inspite of all the official proceedings, the Government is not considering the hardships and despairs that the members are facing since the date of appointment. The ANATG wonders and questions the government if at all a solution could be placed on table for acceptance by both in a consensual manner.
It may be mentioned that the ANATG- 2015 Batch on the 21st of Sept 2018 was not permitted by the administration under the direction of the government, to stage peaceful protest at the vicinity of the Nagaland Civil Secretariat, which itself is an act of curtailment of a Democratic Rights, guaranteed to every Indian Citizen by the Constitution of India. However with immense support from Tribal Organization and Civil societies the aggrieved teachers preceded with the agitation only to be met by law enforcing personals with readied water cannon , Tear Gas , lathis , shields and bullet proof vest and guns. It is very disheartening to realize that Teachers who are responsible for shaping the future of the students has to be threatened and treated in such manners. The ANATG’s demand if not at all genuine, then the Government is requested to answer the teachers that what we are seeking is unlawful and illegal and that the incumbents whose services you have utilized for almost a decade and more should not be treated as Criminals with Guns/water cannon/ lathis.
The struggle by the ANATG -2015 Batch has taken its toll on the members mentally, physically and financially. However, every bit of our burden has been lightened up by the immense support from the numerous right thinking civil societies, Apex Organizations and individuals who has been the strongest pillar. It is with your support that the ANATG has found the courage to go on no matter how hard the struggle may be and it is at this moment that when hopes are lost but yet your support and encouragements leads us to hope for a brighter ray of immaculate day of justice.
Furthermore, The ANATG-2015 Batch shall act according to the resolution dated 26.09.2018 where the ANATG-2015 Batch have collectively resolved to act upon whatsoever may be the consequences for the injustices meted to the ANATG-2015 Batch and the Department/ Government shall be solely held responsible for any untoward eventualities.
Rüguotsolie, President, ANATG-2015 Batch
Pekato V Zhimomi, General Secretary, ANATG-2015 batch
Thungchanbemo, Convenor, Agitation Core Committee, ANATG-2015 Batch
