To
The Commissioner & Secretary to the Govt. of Nagaland,
Kohima, Nagaland.
Sub: REPRESENTATION
Sir,
Inviting a reference to your letter N0.DSE/ATAN/2011 Dated Kohima, the 25th April, 2012, I on behalf of the ATAN (Aggrieved Teachers’ Association of Nagaland) would like to once again present the grievances of the members along with the facts and figures as hereunder appearing after thorough deliberation amongst the members of ATAN and particularly the members who are on hunger strike.
1. that, first and foremost the ATAN appreciates the good will gesture of the government for acknowledging the genuine grievances of the association and agreeing in principle to reappoint the 1095 doubtful teachers whose physical presence and existence in the school of their postings have been verified by the District Level Verification Committee. However, the department has once again sought to put the teachers back to the initial stage of investigation by making it clear that “..the reappointment of the doubtful teachers shall be subject to their obtaining a clearance from the State Vigilance Commission that their education certificates are genuine, and not forged”. It is respectfully stated that ever since the allegation of illegal/bogus appointment of school teachers surfaced, the department has already set up sequence of committees to examine and cross-examine documents, undertake physical verification and so on and so forth, as such there is no other logical explanation except the fact that the department is once again taking us for a ride which is unacceptable.
2 That, refreshing your esteem authority’s memory, I would like to state in chronological order the committees set up by the government to investigate into the appointment of the bogus school teachers.
a. The first Special Investigation Team (SIT) of State Vigilance Commission was constituted on 07.02.09 and 03.06.09.
b. High Power Committee headed by Commissioner & Secretary S.E. & SCERT.
c. Thereafter, the Govt. constituted a Special Verification Committee headed by the Deputy Commissioner of each District.
d. Thereafter, Departmental Verification Committee (DVC) headed by the Director School Education.
e. Thereafter, the Govt. constituted another verification committee in the District Level under the chairmanship of ADC District H.Q.
It is important to mention herein that in all these investigations and verifications the aggrieved teachers have categorically submitted all the educational documents, appointment orders and other incidental service records as required by the investigating agency and in the process has involved huge financial implications, physical and mental dilemma anticipating early dispensation of justice by way of appointment. Therefore, the investigating agency and the department have got all the necessary requisites in their possession to serve the purpose of inquiry, investigation or verification etc. hence further subjecting the aggrieved teachers to undergo another verification process shall amount to miscarriage of the principles of natural justice since justice delayed is justice denied.
Furthermore, subsequent to the submission of the final report of the Departmental Verification Committee (DVC), the Government of Nagaland’ Department of School Education & SCERT submitted its proposal vide Cabinet Memo office Memo NO.DSE/SSA/RMSA-SIT/2011 Dated Kohima the 19th March, 2011 for retention of the teachers cleared by the DVC which was subsequently approved by the cabinet in toto vide Govt. of Nagaland, CABINET SECRETARIAT (CABINET CELL) No. CAB-2/2008 Dated, Kohima the 21st March 2011. However, for reasons best known to your esteem self, the appointment orders issued vide No.E.D/EST/B-1/2010 Dated 15th July 2011 was surprisingly not in conformity with the cabinet approval since the appointment was under Sarva Shiksha Abhiyan (SSA) under plan 2011-12 which cannot be practically implemented.
3. that, despite various aforementioned investigation committees set up by the government, it is unjustified on the part of the Government/department to once again subject the aggrieved teachers to State Vigilance Commission’s scrutiny which is a futile exercise as the cabinet has already approved the retention of the teachers, as such it can safely be assumed that the Government/Department is not sincerely formulating plans to absorb the teachers but is rather stalling time at the expense of the deprived teachers and the latest string-attached- correspondence has further added salt to our wounds.
4. that, the latest-correspondence dated 25th April, 2012 to obtain clearance from the State Vigilance Commission without assigning any reason thereof has assumed the character of mere formality in order to buy another three years investigation.
In view of the above, it is most respectfully submitted that the ATAN demands the immediate retention of the cabinet approved teachers and further states that it is the prerogative of the State vigilance Commission to institute criminal cases against any individual/official/teacher which shall not run parallel with the departmental investigation and as such there is no impediment on the part of the Government/Department to implement the cabinet approval by absorbing the teachers without any further unnecessary investigations.
That Sir, we are also constrained to inform you that you and the department shall be held solely responsible for any untoward eventualities that may arise out of the democratic form of protest that is being undertaken by ATAN. We will continue the agitation until and unless we get what we demand.
Thanking You.
Vikato Swu
Convenor, ATAN
