In a significant development, Kohima bench of Gauhati High Court has directed the state government to “scrupulously” adhere to the criteria laid down by its June 6, 2016, Office Memorandum (OM) with regard to appointment in government offices.
While disposing Public Interest Litigation (PIL) filed by ACAUT, the high court in its order on August 5, 2016 made it clear that the petitioners- P. Leonard Aier, K. Savi and K. Lun Tungnung- have the liberty to file any other suit if there was any violation of the clauses contained in the OM, which has banned appointments of all ad-hoc/casual/temporary/work-charge employees in government departments.
The PIL was filed by ACAUT in November 2015 that involved ( as respondents) ten departments– Health and Family Welfare, Social Welfare, Home department, Rural Development, Nagaland Public Service Commission, Vigilance Commission, AG and SCERT, Higher Education and NPWD on the backdrop of series of backdoor appointments.
The high court in the order stated “in view of the office memorandum dated 6/6/2016, the grievances expressed in PIL stands substantially redressed and therefore, this court is of the opinion that for the present, nothing survives for adjudication in this PIL”.
Further the order however made it clear that “the PIL petitioner would be at the liberty to approach this court by filing appropriate petition in the event there is any violation of the clauses contained in the notification dated 6/6/2016”.
Addressing a press conference, member ACAUT advisory committee, Khekiye K. Sema, who hailed the judgment said, “This is not the end but the beginning”. ACAUT will not stop from here but will continue to pursue and ensure termination of those contract and backdoor appointments, he said.
Khekiye also cautioned that officers not complying with the OM would be liable for prosecution and brought to justice. ACAUT also warned state government that it would take up legal action if OM was not followed.
Khekiye also criticized the people in the power for violating the rules and regulation set by the government. He said despite number of OMs that banned contractual appointments, those people in the authority had been violating the regulations. Due to violation of the rules and regulations, many of the poor were deprived and meritorious were thrown out, Khekiye said. “Fairness must be available to all the generation and meritorious should be allowed”, he added.
Further, while criticizing the state government (which is an “all-party government”), Khekiye maintained, “ACAUT is the only opposition bench in Nagaland”.
He said ever since Nagaland has become “opposition-less government”, there was no one to counter the government and ACAUT as an organization has been taking up various issues that were beneficial to the society.
Khekiye therefore called upon the people to wake up and join the ACAUT movement to bring change.
One of the petitioners of the PIL, lawyer K. Lun Tungnung said ACAUT will watch whether the government implement the OM or not. In case of non-implementation of the order, it will approach the “Higher Court”, Lun said.
Lun disclosed that through RTI, ACAUT will also ask the government to provide exact number of “irregular appointments” in various departments.