LAVONO LOTHA Vs. STATE OF NAGALAND

JUDGEMENT

(1.) The reliefs sought for and the cause of action being common in both the writ petitions, they are being disposed of by this common judgment and order.

(2.) Heard Mr. C.T. Jamir, learned senior counsel assisted by Mr. Wati Jamir, learned counsel for the petitioner in W.P.(C) No. 105(K)/2015. Also heard Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong, learned counsel for the petitioner in W.P. No. 133(K)/2015 and Mr. K. Sema, learned Sr. Addl. A.G. Nagaland assisted by Mr. N. Angami, learned Government Advocate appearing for the State respondents in both the writ petitions.

(3.) Mr. C.T. Jamir, learned senior counsel for the petitioner in W.P.(C) No.105(K)/2015 submits that the Health Care Sector under went development changes in the early part of 2000 by way of launching different programmes like National Rural Health Mission (NRHM in short), up gradation of various health institutions and creations of new health care and expansion of other health programmes in all districts in the State of Nagaland. As a result of such development, a number of Grade-III and IV posts arose and accordingly, appointments were made in different Health Institutions under different districts. The petitioners were appointed to Grade-IV posts under the Chief Medical Officer (CMO in short) Wokha during the period from 2000-2008. Thereafter, all the petitioners opened their respective service books, GPF accounts and also contributed to Group Insurance Scheme (GIS) to the Government of Nagaland. It is also submitted that some of the petitioner's service were also regularized. While the petitioners were serving in their appointed posts, the Principal Director, Directorate of Health and Family Welfare/respondent No.3 issued a letter dated 30.4.2012 directing the CMO's of Wokha, Kiphire, Mokokchung, Zunheboto, Mon, Longleng and Dimapur to hold up salaries of 159 staff as the matter is under investigation with the Vigilance and Anti Corruption Commission. In the same letter, it was also alledged that all the staff were found to have been appointed without sanctioned post by the then respective CMO's/CS's. Being aggrieved by the action of the respondents in withholding the salaries, 59 employees under CMO Wokha including the present petitioners had filed W.P.(C) No.98(K)/2014 challenging the letter dated 30.4.2012 and praying for a further direction for release of their salaries. The said writ petition was disposed of by order dated 19.9.2014 directing the State respondents to serve show cause notice to the petitioners, if not served, and the petitioners were allowed to file their response and thereafter the departmental authority was directed to pass appropriate orders both in respect of the appointment of the petitioners and also the grievance relating to non payment of salaries. The learned senior counsel submits that the issue of allegation of appointment of 159 staff without sanctioned post and suspected forged signatures of the authority was investigated by the Vigilance and Anti Corruption Commission Police, Nagaland, Kohima. The petitioners appeared before the investigating authority along with relevant documents to substantiate their appointment. It is also submitted that other staffs from different district under the respective CMO's were also summoned by the investigating authority for verification and scrutiny of their appointment.