Friday, December 2, 2022

Genesis of DRAN 2021 appointment

As per the Notification 5-7-2020 Clause (5) that a recommendation of the Manpower Rationalization Committee (MRC),129 Department Recruited Aggrieved Nurses’2021(DRAN2021) were appointed under 50% Direct Recruitment Quota through advertisement 16-7-2020. While 50% (129 posts) were appointed through seniority basis (queue system).
NPSC recruitment is normal recruitment as usual, but COVID pandemic recruitment is an extra-ordinary circumstances recruitment in a “Do or Die emergency basis”, and outside the purview of NPSC recruitment, conditioning DRAN members to resign from jobs serving as long as 17 years in National Health Mission (NHM) & other Services, and now applying “Use & discard” policy against DRAN inhumanely. Condition of advertisement is the basis of any appointment in public service overriding previous or subsequent Notification/Order/Guidelines/Letters of administrative actions and the advertisement clearly says “REGULAR BASIS” appointment. In Unemployed Trained Nurses Association (UTNA) Case W.P.(C) No.93/20, the High Court has upheld Advertisement dated 16-7-2020 and Notification dated 5-7-2020 by dismissing the UTNA Case. That means, the condition of appointment of DRAN has to be strictly as per the advertisement 16-7-2020. DRAN are not to be appointed on Contract. Also, the Court directing the State Government to relax age to 45years and extending application till 30-7-2020 in UTNA case is for the recruitment under Advertisement 16-7-2020, and not for NPSC recruitment 2022.
After the Court upheld the Advertisement 16-7-2020 & on conducting recruitment process through the Department Recruitment Board (DRB) there under changing the condition of appointment from “REGULAR BASIS” to “TEMPORARY APPOINTMENT” to “TEMPORARY ENGAGEMENT” and now giving extension of 1year as contract appointees is illegal.
DRAN2021 members are not a part to NPSC advertisement giving 25% and 10% Weightage to Covid -19 Duty to recruit DRAN members as appeasement.
Government cannot term their duping action against DRAN2021 members legal & term the genuine rights of DRAN2021 is illegal. Section 3(1) of NAGALAND Essential Services (Maintenance) Act,1978 cannot be imposed in violation of the Fundamental Rights of a citizen under the Constitution.
Issued by DRAN 2021

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