Mokokchung, September 26 (MTNews): Responding to the agitation called by the All Nagaland Adhoc Teachers’ Group – 2015 Batch demanding regularization of their service, the Department of School Education (DoSE) has said that “the Government can consider regularization of service of Adhoc Teachers only with direction from the Supreme Court and High Court.”
Stating this in a press release, Principal Director Thavaseelan K stated that the Department of School said “the Government is constrained to regularize the adhoc/contract service of the All Nagaland Adhoc Teachers’ Group – 2015 Batch in view of the Hon’ble Supreme Court and High Court Standing Order.”
Thus, DoSE said, the government, in consideration of the plight of the teachers on Adhoc Service, has already granted scale pay with Revision of Pay (RoP) 2010 to them “in spite of the financial constraints faced by the State.”
Therefore, the department requested all concerned parties not to resort to any kind of agitation in this regard and resume their duties with immediate effect.
The department also stated that, as made known to teachers earlier, the period of absence will be treated as Dies-non and the principle of ‘No Work, No Pay’ will be imposed. Further, it added that disciplinary action will be initiated against the employees as per the Nagaland Government Servants Conduct Rules, 1968.
ANATG 2015 stages peaceful dharna
Meanwhile, the All Nagaland Adhoc Teachers’ Group (ANATG 2015 Batch) comprising of 1166 teachers started its “peaceful indefinite protest” demanding regularisation of their service on September 26 at Naga Solidarity Park. The protesting teachers then walked towards the Secretariat and staged a peaceful dharna outside the Secretariat.
DoSE explains its position
The Department of School Education, in inviting a reference to the ultimatum served by the All Nagaland Ad-hoc Teachers Group (ANATG) 2015 batch dated 16/08/2022, 21/07/2022, 28/08/2018 and 20/03/2020, the Principal Director of DoSE, Thavaseelan K IAS informed the ANATG-2015 that the issue of regularisation of their adhoc/contract service has been referred to P & AR and has been taken up by the Cabinet several times.
“It may be mentioned that by Hon’ble High Court Order dated 28/07/2017, the High Court suspended operation of P&AR’s O.M. No AR-5/ASSO/98 dated 04/08/2008 and 11/08/2016 which regulates regularisation issues. Consequent to this, P & AR restrained Departments from sending proposals for regularisation till the matter is resolved by the Hon’ble Court,” DoSE principal director told the ANATG-2015.
The Principal Director said that the Department of School Education, however, re-submitted a Cabinet Memo in the case of 1,166 Adhoc Teachers for direction of the Cabinet on the issue. He said that the Cabinet in its meeting on 29/08/2018 decided that till the court matter is fully resolved, the teachers cannot be regularised. Further, the Cabinet in its meeting dated 03/10/2018 reiterated that service of 1,166 Adhoc teachers cannot be regularised but decided that they would be given scale pay with 6th ROP of 2010. Accordingly, scale of pay with 6th ROP has been granted, the Principal Director said.
Further, the Principal Director said that a Writ Appeal No 2016 (K) of 2018 was filed by the State against the Guwahati High Court’s Order dated 03/08/2018 which was dismissed by the Division Bench on 07/02/2019.
“Despite the above, in September 2021 on receipt of representation from the ANATG, the matter was referred to P & AR. The P & AR had conveyed that as a one time measure, irregularly appointed employees who had completed 10 years of continuous service as on 10/04/2006 can be regularised as per Supreme Court Judgement passed on 10/04/2006. Hence the Department was advised to identify such employees,” the Principal Director explained.
On the matter of “instances/documents of regularisation had been cited by the group, the Principal Director said that the matter was “reprocessed.”
“As service regularization issues are restrained by Judicial Orders of the Hon’ble High Court, matter was submitted to the Chief Secretary and to authority concerned. The Department was advised to refer the matter to P & AR, Justice and Law and Finance Department. Accordingly, the matter was resubmitted to P & AR,” the Principal Director said, and cited extracts of comments by the P & AR.
As per the Principal Director, the P & AR commented that the High Court in its Judgment and Order dated 03/08/2018 directed the State Government not to regularize any person on the basis of mere completion of 03 (three) years of continuous service on contract/ad-hoc basis. “The Judgment was subsequently upheld by the same Court in its Order dated 07/02/2019 passed in W.A. No. 16 (K) 2018,” it was said.
Further, it was cited, “In view of the above said judicial pronouncements, the proposed regularization of service is not feasible at this juncture.”
The Principal Director said that, as directed by the Chief Secretary, the Department has also sought legal opinion of the Advocate General, Nagaland and Law and Justice Department for which reply is awaited.
“Therefore, all adhoc teachers are requested to resume their normal duties immediately, failing which disciplinary proceedings will be initiated against defaulters as deemed fit,” the Principal Director said.