Dimapur, March 23 (MExN): The All Nagaland Government Primary Teachers Association (ANGPTA) has issued a clarification on the preparation of seniority lists stating it has “observed a growing tendency among individuals to act selfishly during the preparation of seniority lists by the Department of School Education.”
The Association, in a statement released here, reported that whenever the issue of seniority arises, many become self-centered, with everyone aspiring to become an officer, yet rarely discussing the importance of providing quality education to students.
It emphasised that neither ANGPTA nor any other association has the authority to prepare the seniority list of any department. It stated that every department follows the guidelines laid down in Office Memorandums while preparing seniority lists. “Any attempt to prepare seniority lists based on personal convenience is subject to scrutiny by the P&AR Department to ensure that proper guidelines, as specified in the Office Memorandums, have been followed.”
ANGPTA noted that it had previously made concerted efforts to address the concerns of adhoc regularised teachers, including pursuing seniority from the date of initial appointment through discussions with the Department, higher authorities, legal experts and P&AR. However, these attempts were hindered by binding government orders and the settled law laid down by the Supreme Court of India. “The individuals now raising objections are fully aware of these efforts and have themselves tried and exhausted all resources through similar attempts, but without success,” it stated.
ANGPTA highlighted that delays in finalising seniority lists were exacerbated by litigation and court cases seeking inclusion of the date of ad hoc appointment, a claim that was dismissed by the High Court. With the issue now settled, the process has regained momentum, it added.
The association underscored the core legal and administrative position, citing the P&AR Office Memorandum No. AR-13/21/74 dated July 8, 1975, which stipulates that while continuous adhoc service followed by regularization may be considered for increments, leave and pension, it shall not be counted for seniority. Seniority, it stated, is to be determined only from the date of regular appointment.
The Supreme Court, in Direct Recruit Class II Engineering Officers’ Association vs State of Maharashtra (1990) 2 SCC 715, it stated, “clearly held that adhoc service can be counted for seniority only if the initial appointment was made in accordance with prescribed recruitment rules and through a proper selection process. Where the appointment is purely ad hoc or stop-gap in nature and not made as per rules, such service cannot be counted towards seniority.”
Citing Supreme Court judgments, ANGPTA reinforced its stance. In State of West Bengal vs Aghore Nath Dey (1993), the Court clarified that only regular, rule-based appointments count for seniority, and adhoc or fortuitous service must be excluded.
A Constitution Bench in Secretary, State of Karnataka vs Uma Devi (2006) ruled that adhoc or backdoor appointments do not confer any right to regularization or seniority.
The principle was reiterated in State of Karnataka vs ML Kesari (2010), which held that that even after regularization, past service does not automatically count for seniority unless rules specifically provide.
“In view of the above, and in the absence of any specific provision in the service rules or regularization orders permitting retrospective seniority, the request for fixation of seniority from the date of ad hoc appointment cannot be accepted,” it stated.
ANGPTA cautioned all teachers under the Department of School Education “not to fall into the trap of individuals who may attempt to mislead them by promising placement at the top of the seniority list. Any such individuals misleading teachers will ultimately face the consequences when the truth becomes clear.”
