Dimapur, July 6 (MExN): Ahead of the Nagaland Legislative Assembly Budget session beginning tomorrow, the Nagaland State Senior Government Employees’ Welfare Association (NSGEWA) has issued a press note on what it termed as “some facts about retirement” given the contention over the superannuation age for government employees and the demand of the Naga Students Federation (NSF) for fixing the length of service at 33 years.
The press note from the NSGEWA issued by the general secretary, E Thunglamo Ovung, began by stating that as per the Nagaland Act, 10 of 1969 dt. 26/7/1969 & 4/8/1969, all Central Laws & Rules will be enforced in the state of Nagaland and that in accordance with fundamental Rules, 56, there is no mention about length of service for retirement of government servants except 60 years (by date of birth) on the last day of the month on attaining superannuation age (retirement).
It was also argued that in pursuance to Rule 13 of the Central Civil Service (Pension) Rules 1972, in case of those who had entered service before attaining 18 years of age, then for their service rendered before attaining the age of 18 years, him/her shall be treated as ‘BOY SERVICE’ but their service rendered after crossing 18 years of age shall be counted for all purposes. It also stated that as per the Central Civil Service (Pension) Rules 1972, the competent authority/department should prepare its list before 20 or 24 months ahead of those government servants who are attaining superannuation age and that this should be released 6 (six) months ahead of their actual retirement on attaining superannuation age.
The NSGEWA also argued that nowhere in the world were government servants allowed to retire on the strength of their 33, 35 or 36 years of length of service except by age (date of birth) and any move to contravene this would amount to violation of Article 14 of the Constitution. It was also reminded that in the matter of Civil Rule No.364 of 1992 CANSSEA vrs state government of Nagaland on the Nagaland Retirement from Public Service Act, 1991, for 33 years of length of service or 57 years of age whichever is earlier, the High Court had already struck down the provisions of 33 years of length of service retirement of Nagaland state government employees except by date of birth (57 years of age) vide their judgment dated 18.1.1993. Accordingly, the government of Nagaland, P&AR department had issued a Memorandum No.APPT-15/3/67 pt of 19.1.1993 that no government servant under the state of Nagaland would be allowed to retire from service on the strength of 33 years of length of service except by date of birth on attaining 57 years only.
