Referring 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 indefinite strike from the 28 October 2022 in pursuance of its demands for increase in superannuation age from 60 to 62 years, the Government has invited attention to Rule 25 of the Nagaland Government Servants Conduct Rules, 1968 that prohibits Government Servants from participating in any form of strike or in any way, abet any form of strike. There is no statutory provision empowering the employees to go on strike. The Supreme Court has also in several judgments agreed that going on strike is a grave misconduct under the Conduct Rules and should be dealt with it in accordance with 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 Service (Maintenance) Act, 1978. The proposed stir in any form is likely to cause severe disruption in medical care/public health services and is therefore, liable to endanger the life, 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-13/5/89 Dated 5 September, 1994.

In light of the above, therefore, the Principal Director, H&FW shall issue directions to allCMOS/MCS/Controlling Officers in the District/Sub-District/Hospital Level not to go on agitations in any form/manner from 28lh October 2022.

Any resort to illegal means of agitations shall be viewed seriously and besides deduction of Salary on the principal 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 provision of 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 any case of any violation submit reports on the matter to Government through Commissioner forthwith for further action.

                                                                                                (DIPR)