NPMSA launches agitation; seeks removal of OSD from ‘cadre post’

Dimapur, July 13 (EMN): Alleging failure from the state government to respond to its demand submitted earlier, the Nagaland Planning Machinery Service Association (NPMSA) has announced “agitation in phase manner” till its demands are met. The association issued a press release on Saturday informing about the agitation. However, further details concerning the strike—since when, for how long, or even the nature of the agitation—were not provided. According to the association, it had on July 9, submitted a representation to the state government demanding removal of an officer on special duty (OSD) to Skill Development from the cadre post of the Nagaland Planning Machinery Service Rule, 2019. Narrating the past sequence of events, the association stated that in 2011, the Planning and Coordination department had appointed one I Sino Phom to the post of OSD (Skill Development) on deputation for a period of two years. “Subsequently, the post of OSD was converted from ex-cadre post to a regular cadre post and I Sino Phom was absorbed permanently against the said post w.e.f 19.12.2012. Apprehending that she will claim promotion in regular cadre by illegally blocking the promotional avenues of the cadre employees in the State Planning Machinery of the Planning and Coordination Department, 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 assailing the cabinet decision dated 18.12.2012 and notification dated 25.03.2013,” it stated. On June 30, 2014, the court had dismissed the petition on the ground that the petitioners were not aggrieved persons since the absorption of Phom would not affect the promotional avenue of the 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.” Consequently, the department issued a notification declaring the OSD (Skill Development) as ex-cadre post on permanent basis. “Phom challenged the said 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 Phom,” it stated. Thereafter, it stated, the cabinet constituted a committee to examine and to make recommendations pertaining to the draft service rule of the Nagaland State Planning Machinery. The committee’s recommendations (produced verbatim) were approved by the cabinet on September 9, 2017. • 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 and Coordination department • I Sino Phom shall be eligible for promotion to the next level of deputy development commissioner • The draft service rules of the State Planning Machinery shall be submitted for consideration of the cabinet at the earliest after incorporating the above by the Planning and Coordination department. Aggrieved at the decision, the association approached the court again. “The High Court vide judgement and order dated 20.05.2019 disposed off 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.” According to the association, the cabinet had on June 29 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. “Therefore, 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,” it stated. Citing those reasons, it stated, the association had requested the state government to examine the matter and take immediate action by July 12; and remove the post of OSD (Skill Development) from cadre post appearing in Schedule I & II of the Nagaland Planning Machinery Service Rule 2019. However, failure of the state government to comply with the association’s demand has prompted it to call for an agitation, it stated.