Dimapur, July 13: The Nagaland Planning Machinery Service Association (NPMSA) has decided to go on agitation in a phase manner till the State Government fulfil its demand to remove/expunge the post of OSD (Skill) from the cadre post of the Nagaland Planning Machinery Service Rule, 2019.
In a representation to the Chief Secretary, the NPMSA said in 2011, the Planning & Coordination Department appointed I Sino Phom to the post of OSD (Skill Development) on deputation for a period of 2 years, and subsequently the post of OSD (Skill Development) was converted from ex-cadre post to a regular cadre post and I Sino Phom was absorbed permanently against the said post with effect from 19.12.2012.
Apprehending that Sino Phom will claim promotion in regular cadre “by illegally blocking” the promotional avenues of the cadre employees in the State Planning Machinery of the Planning & Coordination Department, the Planning Assistants, Assistant Planning Officers, Planning Officers and some Assistant Development Commissioners (ADC) of the department approached the High Court by filing W.P (C) No. 53 (K)/2013, but the writ petition was dismissed by Judgement & Order dated 30.06.2014 holding that the writ petitioners are not aggrieved persons since absorption of I Sino Phom shall not affect the promotional avenue of the writ petitioners as the post of OSD (Skill Development) and Assistant Development Commissioner (ADC) are not of the same cadre, not-identical, not inter-transferable and functions, duties and responsibilities are different.
The NPMSA said the Department later issued a notification making the post of OSD (Skill Development) as ex-cadre post on permanent basis. I Sino Phom challenged the notification, which was disposed off by the High Court taking note of the judicial findings rendered in the previous proceeding that post of OSD (Skill Development) and ADC are not of the same cadre and that the promotional avenues of the private respondents shall in no way be affected by the absorption of I.Sino Phom, said the representation.
The NPMSA informed that the Cabinet constituted a committee to examine and to make recommendations pertaining to the draft service rule of the Nagaland State Planning Machinery, which stated that (i) the post of OSD (Skill Development) shall be treated as a regular post in the rank and pay of Assistant Development Commissioner and included in the proposed draft service rules of the State Planning Machinery in Planning & Coordination Department; that (ii) I. Sino. Phom shall be eligible for promotion to the next level of Deputy Development Commissioner, etc.
The report and recommendation submitted by the committee was approved by the Cabinet on 11.09.2017.
Aggrieved by the Cabinet decision, the employees again approached the High Court praying to quash and set aside the Cabinet decision, and the Court vide Judgement & Order dated 20.05.2019 disposed of the said writ petition by declaring the second decision of the Cabinet dated 11.09.2017 as illegal and that the authorities will be at liberty to frame/modify the service rules without any reference to the second decision.
Informing that the Cabinet in its meeting held on 29.06.2019 approved the draft Nagaland Planning Machinery Service Rule, 2019 by incorporating the post of OSD (Skill Development) as a cadre post equivalent to Assistant Development Commissioner/Economist in schedule I &II of the Nagaland Planning Machinery Service Rule, 2019, the NPMSA said inclusion of the post of OSD (Skill) in the cadre post is irrational, arbitrary and cannot be accepted as it is in violation of the judgement and order passed by the High Court.
“The entry level in the cadre post of the department is the post of Planning Assistant. Inclusion of OSD (Skill Development) in the cadre strength of the department will automatically block the promotional avenues of the officers who are more qualified, competent and senior in service than the present incumbent holding the post of OSD (Skill Dev),” the representation said.
Stating that the State as a guardian is expected to take care of the welfare of all the employees and cannot be perceived to be adopting a pick and choose method for the benefit of a single individual, the NPMSA said the present Cabinet decision approving the service rule of the department including the post of OSD (Skill) as a cadre post equivalent to ADC that too in violation of the judicial pronouncement demonstrate favouritism and nepotism adopted by the Cabinet so as to suit I Sino Phom by depriving capable and senior-most officers in the department.
Announcing the phase wise agitation, the NPMSA requested all concerned to understand for any inconveniences that may be caused during the process. (Page News Service)