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Court dismisses State Govt’s appeal on backdoor appointment regularization


Dimapur, February 21: The High Court has dismissed the writ appeal filed by the Government of Nagaland challenging the judgment and order dated 3.8.2018 passed in W.P. (C) No.145 (K)/2017 filed by ACAUT and PSAN against backdoor appointments to 706 NPSC posts.
The State Government had challenged the judgment and order on the ground that the single judge committed a mistake in not allowing the State Government from regularizing the service of backdoor appointees who have completed 3 years of service as per OM dated 4.8.08 and 11.8.16, though disposed off as not maintainable.
However, by order dated 7.2.2019, the Division Bench dismissed the writ appeal and upheld that “the learned single judge did not make any illegality in directing the state respondents, the appellants herein, not to regularize any person who have completed only 3 years of continuous service on contract/ad-hoc basis in terms of those office memorandums dated 4.8.08 and 11.8.16 noted above, as those OMs are found not in conformity with the law laid down by the Hon’ble Apex Court in the case of Umadevi (3).
“Accordingly, the directions and observations made by the learned single judge do not call for any interference and this writ appeal being devoid of merit, stands dismissed,” the February 7 order said.
Terming as very unfortunate that the State Government filed the writ apppeal No.16 (K)/2018, the ACAUT and PSAN made it clear that ACAUT first filed PIL NO.11(K)/15 against backdoor appointment and by order dated 5.8.16, the PIL was disposed off on the basis of OM.6.6.16 notifying “Ban on appointment on contract basis,” which was placed before the court on oath by the State Government.
The court gave liberty to ACAUT that in the event of any violation of the clause contained in the said OM, the petitioners would be at liberty to approach the Court. Regardless, the State Government made another 51 backdoor appointments in Cl-I and II gazetted posts and ACAUT and PSAN were compelled to file W.P. No.145(K)/17 and the judgment and order dated 3.8.17 passed in this case, against which, State Government went for appeal, the ACAUT and PSAN said in a statement.
The statement stated that since the passing of the landmark judgment in Uma Devi’s case on 10.4.2006 till date, the Supreme Court and all the High Courts of the states in the country have upheld the same judgment, including the dismissal of the writ appeal of the Nagaland Government.
“Hence, the State Government must know clearly that any appointment made without advertisement and regularization is not only unconstitutional but also null and void,” it said.
ACAUT and PSAN reminded the Government that any illegal appointment made after the court order 5.8.2016 would tantamount to blatant undermining of the judiciary and contempt of court. It said the dismissal of the Government’s appeal by the court is a victory for the public against “the scheming ways of the powers that be” and should serve as a reminder that the voice of the people cannot be muted to perpetuity.
The High Court dismissal has made the right thinking public and genuine aspirants reaffirm and repose their faith in the temple of justice once again as law abiding citizens of this country, it said.
The ACAUT and PSAN also thanked advocates Zhekheli Zhimomi, Zhevi Swu, Asenla Walling and Toshi O.Longkumer for their selfless service in the success of the case. (Page News Service)