Kohima, November 16 (MTNews): Following the decision of the aggrieved Staff Nurses to continue the agitation with their demand for regularisation of service, the Department of Health & Family Welfare, Government of Nagaland issued clarifications on the case pertaining to the nature of their service engagement in chronological order to the nurses. The following facts have been reiterated for public information.
The Department through a press release stated that the Cabinet created 143 (one hundred forty three) posts of Staff Nurse on 12th June 2020 and another 78 (seventy eight) post of Staff Nurse were created on 25th June, 2020 with clear direction that these appointment will be temporary and regular recruitment shall be conducted through special NPSC recruitment drive (clause B) further for the Staff Nurse , as per the recommendation of Manpower Rationalization Committee (MRC) , the Department should fill up 50% of the posts of Staff Nurse from the queue of former Nursing Diploma/Graduates and the remaining 50% should be filled up through direct recruitment and open competition.
Based on the Cabinet Memo dt.25th June, 2020, the H&FW Department issued Notification dated 5th July, 2020 framing the basic guidelines for recruitment and service conditions of the Medical Officers, Nurses, Technicians and other Para-medical staff. The Clause 2 of the notification stated that these appointments will be temporary/fixed and that regular recruitment shall be conducted through Special NPSC recruitment drive for all posts coming under the purview of NPSC. Clause 5 of the Notification stated that as per the recommendation of the MRC 50% of the post of Staff Nurse to be filled up through queue system and 50% through open recruitment and competition.
After which, advertisement was issued on 16.07.2020, for recruitment of 110 (one hundred ten) posts of Staff Nurse on regular basis. ‘Regular basis’ was mentioned erroneously and was corrected through a corrigendum issued on 17.07.2020, wherein the advertisement was rectified and regular appointment was corrected as temporary appointment. Thereafter, an Addendum was issued in November, whereby 19 (nineteen) posts were added for recruitment bringing the total number of Staff Nurse posts for open recruitment to 129 (110+19=129) posts.
Dissatisfied with the Cabinet decision and department notification dt.05.07.2020 to fill up Staff Nurse Post based on 50/50 ratio, the Unemployed Trained Nurses Association (UNTA), Nagaland filed WP(C) No.93/2020 before the Hon’ble Gauhati High Court Kohima Bench. However, the Hon’ble Gauhati High Court Kohima Bench by Judgment & Order dated 24.08.2020 disposed the above referred case with an observation that there is nothing illegal in the impugned notification dated 05.07.2020. The Court has also observed that it is not inclined to interfere with the Cabinet decision. The Court has however directed the State respondent to relax the maximum age eligibility to 45 years to all the trained nurses in Nagaland as in the case of contractual employees.
It stated that after the Court disposed the case, the Department conducted an exercise for engagement for filling up of 129 (one hundred twenty nine) post of Staff Nurse and accordingly engagement order was issued on 15th April, 2021 with the terms and conditions which reads that “Engagement shall be for the period of 12 (twelve) months only or till regular appointment is made through NPSC whichever is earlier. The appointees shall have no right to claim for regularisation of the engagement of contingency basis on any ground whatsoever and the engagement shall be liable to be terminated at any time without any notice and without assigning any reason thereof”.
On the approval of the Cabinet, after consultation with NPSC and as per the advice of P&AR Department, the H&FW Department has issued notification dated 02.11.2022 for Special Recruitment Drive to be conducted by the NPSC including Staff Nurses, where due weightage of marks has been accorded for COVID-19 duty @ 25% and Work experience @10%. This weightage is as per the Government of India advise to all States issued during the COVID pandemic.
The department said that it had several rounds of meetings with aggrieved Staff Nurse representatives, where the Government once again reiterated the Cabinet decision and their appointment terms and conditions and requested them to call off the agitation. However, despite the appeals to call off the agitation, the aggrieved Staff Nurses have decided to go for complete cease work even in ICU & Emergency services w.e.f, 16.11.2022, severely jeopardising the health of the patients in Government hospitals. There the Government vide Order No.GAB-1/COM/GEN-1/2020,dated 16/11/2022 declared the ongoing agitation as illegal in terms of Section 3(1) of Nagaland Essential Services (Maintenance Act.1978). (DIPR)
GOVERNMENT NOTIFIES ON ONGOING AGITATION
The Chief Secretary, Nagaland is directed to refer to the recent statements brought to the notice of the Government that the Aggrieved Nurses has called upon its members to proceed on Sit-In protest from the 9th November 2022 in pursuance of its demands for regularization of service and release of pending salaries as in order.
In this regard, attention is invited to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike or in any way abet any form of strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also in several judgments agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with in accordance with law.
Attention is also invited to the fact that maintenance of public health and sanitation including Hospitals and dispensaries are essential services under the Nagaland Essential Service (Maintenance) Act, 1978. The proposed stir in any form is likely to cause severe disruption in medical care/public health services and is therefore liable to endanger the life, health and security of the people of the State. This will tantamount to violating the provisions of the Act and invite penal action.
Further as per the Fundamental Rule 17(1), an officer/employee who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence. Attention in this regard is invited to P&AR Office Memorandum No. AR-13/5/89 Dated 5 September, 1994.
In light of the above, therefore, the Principal Director, H&FW shall issue directions to all CMOS/MS/Controlling Officers in the District/Sub-District/Hospital Level to direct its employees not to go on agitations in any form/manner from 09/11/ 2022.
Any resort to illegal means of agitations shall be viewed seriously and besides deduction of Salary on the principle of ‘no work no pay, participants shall also be liable to disciplinary action for grave violation of conduct rules. In addition, the participants in the strike/agitation would also be liable for appropriate action under provision of law.
The Chief Medical Officers and the Medical Superintendents shall also ensure that their subordinate Officers follow the directions Contained herein, and in any case of any violation submit reports on the matter to Government through Principal Director forthwith for further action. (DIPR)
GOVERNMENT WARNS ON CEASING OF WORK
The Aggrieved Nurses, through a letter dated 05/11/2022 have announced that all their members will be going on a Democratic Peaceful Sit-in protest from 09/11/2022 in which their members will cease work. It has also been brought to the notice of the Government that the said Nurses have also decided to completely cease work even in the emergency and ICU services w.e.f 16/11/2022.
The State Government has stated that the call given by the Aggrieved Nurses for ceasing of work by the Nurses employed/deployed in Government Health Unit/facilities will seriously impact the delivery of essential services, thereby putting in grave jeopardy the lives and well-being of the people of the state. The Governor of Nagaland in exercise of the powers conferred by Section 3 (1) of the Nagaland Essential Services (Maintenance Act) 1978 on being satisfied that in public interest it is necessary to do so, prohibits the call for cease of work by Aggrieved Nurses from 05/11/2022.
1. No nurses employed/deployed/engaged in any Government Health Unit/facility shall go for agitation or cessation of work, and any such act shall be considered illegal.
2. Any nurses employed/deployed/engaged in any Government Health Unit/facility who goes cessation of work /strike, under Section 4 of Nagaland Essential Services (Maintenance Act) 1978 shall on conviction be punished with imprisonment for a term which may extend to one year, or with fine which may extend to one thousand rupees or with both.
3. Any nurses employed/deployed/engaged in any Government Health Unit/facility against whom action is taken under section 4 of the Nagaland Essential Services (Maintenance Act) 1978 shall also be liable to disciplinary action under the relevant service/conduct rules or contractual conditions, as applicable.
4. Notwithstanding anything contained in the CrPC, 1973, any police officer may arrest without warrant any nurses employed/deployed/engaged in any Government Health Unit/facility, who is reasonably suspected of having committed the illegal Act of ceasing work/going on strike under Section 8 of the Nagaland Essential Services (Maintenance Act) 1978. (DIPR)