Press Release: Regularization of backdoor appointees

24th August, 2016

The latest Office Memorandum (OM) issued by the government on 11th August 2016 allowing the departments to regularize all backdoor appointees who have completed 3 years is discriminatory and nothing short of treachery toward the people and vile contempt of court order. This OM resolutely violates Atouzo Vs. state of Nagaland judgment banning regularization by the Cabinet, thus, making amply clear that the State Government has no respect for the judiciary and merit-based selection. As explained in previous press releases, the 6/6/16 OM banning backdoor appointments overrides the OM 2008 which had allowed the Cabinet to regularize backdoor appointments; and this 6/6/16 OM was the basis on which the Hon’ble HC had banned all backdoor appointments in the state, henceforth. Therefore, the Cabinet had no business to notify a new OM, the 11/8/16 OM, which is a verbatim production of the 2008 OM which had already been made redundant and void. The Cabinet decision has not only violated the Hon’ble HC judgment as passed on 5th August 2016, but is an unprecedented backstabbing of the judiciary.

The Cabinet, in one stroke, has notified a most discriminatory and treacherous piece of executive order which has all but diluted the reservation quota as well. This will most certainly create further social disparity between the haves and have nots and feelings of marginalization bordering on tribalism. If the Cabinet had respected the HC judgment of 5th August, 2016, tens of thousands of contract posts would have lapsed and these freed up posts could have been filled up by a selection process based on merit, including conduct of exams by the NPSC as per the fundamental rights guaranteed by the constitution under Article 14 and 15. Very importantly, the Eastern tribes could have availed this job opportunity by way of 25% Reservation on all the freed posts which the backdoor system had prevented. The latest OM makes a mockery of the reservation quota, for the glaring truth is that there is no backward quota in backdoor appointments. It will be interesting to see how much percentage of Eastern tribes will be accommodated by the Cabinet in all the regularizations, starting with the 19 doctors which the H&FW department is absolutely bent on regularizing.

Despite the 25% Reservation quota being in place since 1977, the sad reality is that Eastern tribes comprise less than 10% of the total state government employees whereas their actual number should be more than 35,000, that is, 25%, out of the total 140,000 employees. It’s time that the illusion of 25% Reservation disappears but the 11/8/16 OM will continue to perpetuate this deception at the cost of the Eastern tribes.

While the ACAUT is concerned with the humanitarian aspect of the backdoor issue, such as, the uncertain fate of the overaged employees on contract, it must be noted that this utter mess is the sole creation of the State Government. It is for the Government to rectify it, if necessary, whereby an arrangement for age relaxation may be considered for over-aged contract employees to appear for NPSC examination on those lapsed posts requisitioned to the body for conduct of examination. This process is as per the strict interpretation of the 5th August HC Judgment.

It is the stand of the ACAUT that the Cabinet by notifying 11/8/16 OM has treacherously denied tens of thousands of deserving educated unemployed youths from gainful employment. Secondly, the 11/8/16 OM is most discriminatory since less privileged candidates from the marginalized and backward tribes will be the most affected and the overall employment percentage of the Eastern tribes will reduce even further. In short, this OM is an act of mischief by the Cabinet. The 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. The ACAUT cannot allow such a mischievous executive order to go unchallenged.

Media Cell, ACAUT Nagaland.

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