Ban on appointment on contract basis

KOHIMA, Jun 7: The State Government has laid down the revised procedures for appointments in Government service vide Office Memorandum No.AR-5/ASS0/98(C) dated 26.02.2001 laying down inter alia that all appointments shall be made strictly in accordance with existing rules/procedures in force, i.e., through the Nagaland Public Service Commission (NPSC) or through open advertisement or through Employment Exchanges. It has been made clear in the O.M. that as per existing rules in force, all ad-hoc/casual/temporary/work-charged appointments are banned. However, for the posts coming under the purview of the Nagaland Public Service Commission (NPSC), in the event of extreme urgency, a person could be appointed on contract basis (not ad-hoc/casual/temporary/work-charged etc.) after placing requisition to NPSC, prior clearance of NPSC and approval of the Cabinet. In the event of delay in recruitment through NPSC, the contract appointment could be extended beyond one year with prior clearance of NPSC and P&AR Department and approval of the Cabinet.

It has been observed that over the years, the pre-conditions for making appointments on contract basis have not been adhered to in many cases, resulting in irregularities in such appointments and their extension. A consequence of irregular contract appointments is that the Government's policy for reservation of posts for backward tribes is not implemented properly. Another consequence is that such appointments, being discretionary in nature, violate the principle of equality of opportunity. The Gauhati High Court, in W.P (C) 255(K) of 2011 filed by 29 unemployed Veterinary Science Graduates against State of Nagaland & others, pronounced a judgment on 14.11.2014 holding that the rules governing recruitment to public posts and offices are required to be followed scrupulously. The Court held that appointments made without following appropriate procedure under the Rules holding the field and without inviting applications from open market would amount to infringement of Article 14 and 16 of the Constitution. The judgment was based on the Supreme Court's judgment in Uma Devi's case holding that appointments made without open advertisement were ultra vires of Article 14 and 16 of the Constitution.

In view of the position brought out above, and in modification of the P&AR Department's O.M. No. AR-5/ASSO/98(C) dated 26.02.2001, it has been decided that no appointment shall be made on contract basis, henceforth. In other words, appointment on contract basis is banned. Thus, a post coming within the purview of NPSC can be filled up only by appointing a candidate recommended by NPSC on the basis of open recruitment and it cannot be filled up, even temporarily, in any other manner. Any appointment made on contract basis, henceforth, shall be null and void. The Administrative Head of the Department and the Head of the Department concerned shall be responsible to ensure that no appointment is made on contract basis and disciplinary action will be initiated against them in case of any violation.

This has the approval of the Cabinet vide Memorandum No. CAB-2/2013 dated 12th May, 2016.

Leave a Reply