By - Moa Jamir
The Nagaland government’s recent policy measures concerning non-regular employees reflect a paradoxical approach to public employment—on the one hand, seeking to resolve a long-pending concern, and on the other, introducing a framework that may inadvertently give rise to a new set of problems. The recent announcements could also be construed as a convenient bypass of existing regulations.
The interplay of the newly notified Policy for Engagement of Short Term Workers (STW Policy) and the inclusion of contingency and fixed-pay employees appointed on or before June 6, 2016, under the Nagaland Work-Charged and Casual Employees Regulation Act, 2001 (NWCERA 2001) highlights this contradiction.
For years, issues relating to remuneration, regularisation, and service conditions for work-charged, casual, ad hoc, and contingency employees have persisted, leading to numerous litigations before the Gauhati High Court Kohima Bench. The judiciary has frequently intervened, upholding the principle of ‘equal pay for equal work’ and reprimanding the State for its inconsistent and ad hoc approach, while calling for a coherent policy.
Against this backdrop, the Office Memorandum (OM) dated March 5, 2025, which recognises contingency, fixed-pay, and wage-paid employees appointed on or before June 6, 2016, as ‘Casual Employees’ under NWCERA 2001, is a welcome, albeit limited, step. It acknowledges a subset of the non-regular workforce and makes them eligible for benefits under the Act, including the possibility of regularisation under the March 17, 2015, OM. Another OM issued the same day, granting verified work-charged and casual employees revised pay as per the 2015 Revision of Pay (ROP), effective April 1, 2025, further demonstrates an attempt to address long-standing grievances.
These measures are likely prompted by judicial pressure, and subsequent recommendations of the Work-Charged and Casual Employees Committee (WCEC), reflecting an official response to a decades-old issue. However, their efficacy is immediately called into question by the simultaneous notification of the Policy for Engagement of Short Term Workers (STW), effective May 2, 2025.
This new policy introduces three categories of STWs—Multi-Task, General, and Professional/Technical—to be engaged on a yearly or seasonal basis for specific projects or urgent departmental needs. While the policy outlines detailed procedures for engagement, registration, and eligibility, it explicitly stated that STWs shall not be treated as government servants, and shall have no claim to regularisation or permanent absorption.
This raises a crucial question: Is the STW policy a well-intentioned mechanism to manage short-term staffing, or a legalistic workaround to circumvent the standing ban on contractual appointments issued via OM on June 6, 2016?
The timing of these policy decisions is telling. The 2015 OM on regularisation was a direct result of a High Court ruling. The March 2025 decisions also seem to be driven by judicial proceedings and committee recommendations. Yet, in parallel, the STW policy opens a fresh avenue for temporary appointments, free from the obligations of regular government service.
Moreover, ambiguity remains over the status of those appointed after June 6, 2016, under NWCERA 2001, creating a fragmented and potentially exploitative employment landscape. While the STW policy appears to lay down strict engagement procedures, past precedents suggest that systemic misuse cannot be ruled out.
If the government’s aim is to streamline employment practices, then it must move beyond piecemeal responses. What is required is a comprehensive and coherent employment policy—one that balances past obligations with future workforce planning, rooted in fairness, transparency, and legal soundness. The onus lies on the government to demonstrate that the STW framework is not a convenient escape clause, but a genuine, equitable solution for addressing temporary staffing needs. Otherwise, today’s STWs could become tomorrow’s litigating “casuals.”
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