Morung Express News
Dimapur | March 1
The Guahati High Court, Kohima Bench has recently stayed an advertisement issued by the Department of Law and Justice, Government of Nagaland on January 25, 2022 for recruitment to various jobs via its departmental recruitment Board.
Such advertisement is “prima facie violative of the Nagaland District Court Employees Rules 2017 which has already been made effective December 15, 2017” and “moreover most improper and contemptuous,” a single judge bench comprising of Justice Songkhupchung Serto observed in its order on February 21.
The Court is currently hearing a contempt petition filed by the All Nagaland Judicial Ministerial Staff (ANJMS) against the L&J department for non-enforcement of an order passed by the High Court on August 25, 2020.
Following a following a writ petition by the ANJMS, the Court had then directed that the “Service Rules of 2017 be enforced without further delay” after withdrawal of the notification by the State Government issued on June 19, 2020 recalling the Rules.
However, stating that the Rules were not being implemented, the ANJMS last year filed a contempt petition against the L&J department represented by the Commissioner and Secretary and Secretary.
During the February 21 hearing, the counsel appearing for the ANJMS submitted that while the “while the process for implementation of this Court’s direction has come to the stage,” a new advertisement was issued by the L&J Department on January 25, 2022 for filling up ten posts of Multi Tasking Service and five posts of Drivers via the departmental recruitment Board.
This cannot be permitted since the 2017 Rules have come into force from December 15, 2017 as per a notification dated September 8, 2017, the counsel contended.
Arguing that the advertisement has been issued in clear violation of that Rules, the counsel argued for quashing the same.
Accordingly, the Court observed that it was “prima facie violative” of the 2017 Rules and stayed the advertisement “as far as Judicial establishment is concerned.”
The Court also noted that going by the order passed on August 25, 2020 following the writ petition, the State Chief Secretary was a necessary party in the contempt case and directed for adding the latter as a respondent, and issued a notice returnable within 3 weeks.
Meanwhile, the Additional Advocate General appearing for the L&J Department, during the hearing on February 21, submitted that a Committee headed by the Chief Secretary has been constituted to consider the 3rd and 4th Amendment of the Nagaland Judicial Service Rules, 2006 along with the absorption/induction of 204 District Court Employees under the Administrative Control of the High Court.
The committee though was able to take up the two agendas but was unable to take up the third agenda concerning absorption/induction of 204 District Court Employees under the administration of the HC, the Additional AG submitted, praying for some more time to complete the process.
Listing the matter again for hearing after three weeks, the Court also directed the Additional AG to come with instruction on the next date of hearing.
