Nagaland to not approve 'casual leaves' of doctors joining stir for retirement age increase

Apr 16, 2022

Kohima (Nagaland) [India], April 16 : The Nagaland government has refused to grant casual leave to protesting doctors in the state who are demanding an increase in the retirement age from 60 to 62 years.
Doctors in Nagaland have declared a three-day "mass casual leave" next week to press for their demand for an increase in the retirement age.
In a statement, J Alam, Nagaland Chief Secretary, has said that the state government has taken note of the media reports of the Nagaland In-Service Doctors Association (NIDA) calling upon its members to proceed on mass casual leave from April 18 to April 20 in support of its demand for an increase in the 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 a lack of consensus on either of the alternative options amongst NIDA and other stakeholders, further deliberations have been directed to be held," the Chief Secretary said in the official statement.
It also informed that the committee under the chairmanship of Chief Secretary, Nagaland, is holding the deliberations with all the stakeholders.
However, the state government, while referring to rule 25 of the Nagaland Government Servants Conduct Rules, 1968, which prohibits Government Servants from participating in any form of strike, including mass casual leave or in any way abet any form of strike, asserted that no leave would be granted to the protesting doctors.
The statement added that there is no statutory provision empowering the employees to go on strike and 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.
It also stated that 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 or public health services and is, therefore, liable to endanger the lives, health and security of the people of the State. This will be tantamount to violating the provisions of the Act and invite penal action," it added.
Further, as per 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, it said.
The Nagaland Chief Secretary also directed the Principal Director of Health and Family Welfare to issue directions to all officials not to approve casual leave of any officers during the period April 18 to April 20 and if already granted, to recall or revoke the same.