ACAUT Nagaland has slammed the state government’s Office Memorandum (OM) dated August 11, 2016 as “discriminatory and nothing short of treachery toward the people and vile contempt of court order”.
Further, ACAUT through its media cell said the above OM also violated the Atouzo Vs State of Nagaland judgment banning regularisation by the cabinet which amply proved that the state government had no respect for the judiciary and merit-based selection.
It maintained that the June 6 OM overrode the 2008 OM that allowed the cabinet to regularise backdoor appointments of employees who had completed three years of service and which was on the basis of court ban on all backdoor appointments in the state.
In the light of the June 6 OM reflecting the court judgment, ACAUT said the August 11 OM was a “verbatim reproduction of the 2008 OM” the latter of which had been made redundant and void.
The cabinet decision had not only violated the high court judgment on august 5 but was also “an unprecedented backstabbing of the judiciary,” said ACAUT. Further it said the cabinet in one stroke, had notified “a most discriminatory and treacherous piece of executive order, which has but diluted the reservation quota as well.”
ACAUT maintained that had the cabinet respected the High Court judgment of August 5, 2016 then tens of thousands of “contract posts would have lapsed” and be freed (vacant) to be filled up through merit-based selection including exams conducted by NPSC as per the fundamental rights enshrined under Article 14 & 15 of the constitution of India.
The high court order would have also enabled eastern Naga tribes of job opportunities by way of 25^% reservation on all the “freed posts” which the backdoor appointments prevented, said ACAUT adding, the August 11 OM has made a “mockery of the reservation quota”.
ACAUT said it would be interesting to see how much percentage of eastern Nagas would be accommodated by the cabinet in all regularisations beginning with 19 doctors which the H&F Welfare department was “absolutely Benton regularising”.
ACAUT noted that despite 25% quota in place since 1977, it was unfortunate, that eastern Nagas comprised only 10% of employees whereas their number should have been more than 35,000 out of the 1,40,000 employees. The August 11 OM would continue to perpetuate deception at the cost of eastern tribes, said ACAUT.
It also expressed concern over the “humanitarian aspect of backdoor issue” such as the uncertain fate of “over aged employees on contract” but noted that the mess was solely the creation of the state government.
ACAUT made said it was for the government to allow those overaged employees on contract to appear in the NPSC on those lapsed posts requisitioned and as it was as per the strict interpretation of the August 5 court judgment.
ACAUT reiterated that the August 11 OM was treacherous and a mischief by the cabinet and that the state chief secretary “should not speak with forked tongue, since he has already given an undertaking to the court, that the 6/6/16 OM will be implemented in letter and in spirit”. ACAUT therefore, vowed not to allow such “a mischievous executive order to go unchallenged”.
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