The Chief Secretary has directed to refer to the recent statements brought to the notice of the Government through local news dailies that the Nagaland In-Service Doctors Association (NIDA) has called upon its members to proceed on mass casual leave from the 18th to 20th April, 2022 in pursuance of its demands for increase in superannuation age from 60 to 62 years.
Extensive deliberations have been held by the Government with NIDA and other stakeholders. The matter has also been considered by the Government at the highest level, and on account of the fact that there was lack of consensus on either of the alternative options amongst NIDA and other stakeholders, further deliberations have been directed to be held. The Committee under the chairmanship of Chief Secretary, Nagaland is holding the deliberations.
In this regard, attention is invited to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike, including mass casual leave or in any way abet any form of strike. As to the concomitant rights of an association after it is formed, they cannot be different from the rights which can be claimed by the individual members of which the association is composed. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also in several judgements agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with, in accordance with the law.
Attention is also invited to the fact that maintenance of public health and sanitation including hospitals and dispensaries are essential services under the Nagaland Essential Services (Maintenance) Act, 1978. The proposed mass casual leave is likely to cause severe disruption in medical care/ public health services and is, therefore, liable to endanger the lives, health and security of the people of the State. This will tantamount to violating the provisions of the Act and invite penal action.
Further, as per the Fundamental Rule 17(1), an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence. Attention in this regard is invited to P&AR Office Memorandum No. AR-8/19/84 dated 30th April 1994 and Office Memorandum No. AR-13/5/89 dated 5th September, 1994.
In light of the above, therefore, no one shall be granted casual leave for the aforementioned period - 18th to 20th April, 2022. Principal Director, H&FW shall not approve casual leave of any officers during the period mentioned above, and if already granted, the approval shall be recalled/revoked.
Principal Director, H&FW shall also issue directions to all CMOs/MSs/Controlling Officers in the district/sub-district/hospital level not to approve casual leave of any officers during the period 18th to 20th April, 2022, and if already granted, to recall/revoke the same.
Any resort to illegal means of agitation shall be viewed seriously and besides deduction of salary on the principle of ‘No work, no pay,’ participants shall also be liable to disciplinary action for grave violation of Conduct Rules. In addition, the participants in the strike/agitation would also be liable for appropriate action under provisions of the law.
The Deputy Commissioners of the respective districts shall also ensure that the Chief Medical Officers and the Medical Superintendents and their subordinate officers follow the directions contained herein, and in case of any violation, submit reports on the matter to the Government through the Commissioner forthwith for further action.
(DIPR)