DIMAPUR, JULY 13 (MExN): The Nagaland Planning Machinery Service Association (NPMSA) on Saturday stated that it will begin agitation in phase manner to protest against the failure of the Nagaland Government to redress their demand of removing/expunging OSD (Skill Development) from the cadre post of the Nagaland Planning Machinery Service Rule 2019.
The Association in a press release on Saturday said it had given the state government till July 12, 2019 to examine the matter and take immediate action on the matter, which the latter failed to do.
It contented that the Cabinet in its meeting held on June 29, 2019 had approved the draft to the Nagaland Planning Machinery Service Rule, 2019 by incorporating the post of OSD (Skill Development) as a cadre post equivalent to Assistant Development Commissioner/Economist in schedule I &II of the Nagaland Planning Machinery Service Rule, 2019 despite the judicial pronouncement passed by the High Court.
The High Court vide Judgement & Order dated 20-05-2019 had disposed of the said writ petition filed by the Association by stating that “…. the post of ADC and OSD (Skill Development) cannot be treated to be in the same cadre for the simple reason that the High Court on earlier occasion has held that these two posts are different, not inter transferable and do not belong to the same cadre”.
The Association also sought to point out that the entry level in the cadre post of the department is the post of Planning Assistant. Inclusion of OSD (Skill Development) in the cadre strength of the department will automatically block the promotional avenues of the officers who are more qualified, competent and senior in service than the present incumbent holding the post of OSD (Skill Dev).
It therefore stated that the present Cabinet decision approving the service rule of the department including the post of OSD (Skill) as a cadre post equivalent to ADC that too in violation of the judicial pronouncement demonstrates favoritism and nepotism adopted by the Cabinet so as to suit one individual by depriving capable and senior-most officers in the department.
With the issue dragging on since 2013, the Association informed that the case pertains to the appointment of one I Sino Phom in 2011, Planning & Coordination Department to the post of OSD (Skill Development) on deputation for a period of 2 years. Subsequently, the post of OSD (Skill Development) was converted from ex-cadre post to a regular cadre post and I. Sino Phom was absorbed permanently against the said post.
Apprehending that she will claim promotion in regular cadre by illegally blocking the promotional avenues of the cadre employees, the Planning Assistants, Assistant Planning Officers, Planning Officers and some Assistant Development Commissioners (ADC) of the department approached the High Court by filing W.P (C) No. 53 (K)/2013 assailing the Cabinet decision dated 18-12-2012 and Notification dated 25-03-2013.
The said writ petition was dismissed by Judgement & Order dated 30-06-2014 holding that the writ petitioners are not aggrieved persons since absorption of I. Sino Phom shall not affect the promotional avenue of the writ petitioners as the post of OSD (Skill Development) and Assistant Development Commissioner (ADC) are not of the same cadre, not-identical, not inter-transferable and functions, duties and responsibilities are different.
