Imbroglio of IAS Induction; What Determines Merit in Nagaland

Although not a present stakeholder but a retired individual who has also experienced through such a situation in the past, I, for one, read with great interest the present IAS induction process imbroglio where for the first time various state service associations have come forward and joined together to fight the contentious issue of ‘choose and pick’ system of nomination to IAS from other services. In the past, CANSSEA alone pursued for extension of retirement on superannuation age from 57 years to 60 years but in the issue of the retirement on completion of 35 years length of service, even CANESSA refused to take part, not to speak of the other Service association, therefore we have to form the Senior Government Employees Association and challenged the impugned order in the law court which, however, under strange circumstances and inordinate delay in delivery of judgement, the Hon’ble High Court of Guwahati dismissed the case. However, this time, having realised to call it enough is enough, the service associations CANSSEA, FONSESA, NIDA, NSSA and NF&ASA have all joined hands to correct the past mistakes, as mistake when discovered, is to be rectified immediate and not allowed to perpetuate further. It was quite amusing to read the statement of the stand of the State government in the present imbroglio of IAS induction carried under the caption “Cabinet takes up IAS, Reservation, FNTA issues” in the local dailies on 17 October and restated the same on 31st October issue by the State Government spokesperson Shri. K.G. Kenye, Minister for Power and Parliamentary Affairs, giving the narratives of the State Cabinet justifying to perpetuate the old practice.

The honourable Minister said that as per the IAS (Recruitment Rules, 1954, and DoPT guidelines (1997) mode of entry into service is not the determining factor. Instead, merit, integrity, Annual Performance Reports, and at least eight years of substantive gazetted service are the key criteria. The audacity of the Hon’ble Minister and spokesperson of the government that entry into service is not the determining factor, is debatable as the recruitment Rule 8(2) does not prescribe it. In order to understand the intend, I quote the Rule 8(2) of the Indian Administrative (Recruitment) Rules, 1954 herewith. “Quote”- The Central Government may, in special circumstances and on the recommendation of the State Government concerned and in consultation with the Commission and in accordance with such regulations as the Central Government may, after consultation with the State Government and the Commission, from time to time, make, recruit to the service any person of outstanding ability and merit serving in connection with the affairs of the State who is not a member of the State Civil Service of any of the State but who holds a gazetted post in a substantive capacity (unquote). This rule covers only the officers who have already entered the service by merit at the threshold through open competitive examination conducted by the Public Service Commission in accordance with the Service Rule of the department, therefore to be read with the Department Service Recruitment Rule and not in isolation. There is only one mode of entry to the government service which is through open competitive examination by dent of merit. There is no provision in any service rule about backdoor appointment except the merit through the competitive examination.

The State Cabinet in consultation with the State Legal Adviser is of the opinion that the said Rules do not prescribe the mode of entry point to IAS induction. We have to understand that this rule is not particularly made for Nagaland but is operative all over the country where entry to any Government service is by means of competitive examination through Public Service Commission.

In other States, they don’t seem to have problem of back door appointment although they have scandal of front door appointment through the Public Service Commission indulging in bribery. Today in Nagaland too, all the department have Service Rules where the mode of recruitment is duly prescribed. I cleared the Public Service Commission Examination in February 1975 for the post of District Transport Officer when there were only three districts in Nagaland (Kohima, Mokokchung and Tuensang). Although the department had not yet framed the Department Service Rule by then, the general recruitment rule was applied in default and interview was conducted by the Nagaland Public Service Commission.

The mood point here is how, at the first instance, one entered the service of the State Government. Is it not through competitive examination conducted by the Public Service Commission in compliance with the recruitment Rules of Department?  The count of merit begins from the day and the time the interview result is declared. How can we attribute merit to someone who had not possessed it when open interview was conducted or who could not face and prove merit in open competitive examination. The aforesaid Rule 8(2) speaks of someone who is already in the service therefore how one entered the service at the threshold is expected to be only through legal means. Let us take a simple analogy which is comprehensible to all Christian, which we are supposed to be. In the Christian Ministry, the investiture of Reverend is bestowed to Pastor and Missionaries in recognition of their spiritual dedicated and devoted service in the ministry. I believe the criteria of qualification for ordination to Reverend shall not be listed, inter alia, should be a Baptist member, born again Christian, as this is basic requirement without which one would not have been appointed as the pastor or missionary at the threshold. Unfortunately, the wisdom of our esteemed Cabinet is to adamantly perpetuate the old practice whether right or wrong, therefore there is bound to be a deadlock.

The first IAS inductee from other services in Nagaland is Miss. I. Chubanensala from the then Education Departmen, if I remember correctly. She must have been recruited when we were under the Assam Government. The second induction was Shri. A. Shanmugam from the Secretariat Stenographer Service. Er. R. Kevichusa and Shri. T. Imchen, both from Agri Department, were the third batch. Er. R. Kevichusa was then Joint Director Irrigation Engineering Wing and Shri T. Imchen was Joint Director Agri Wing as far as my poor knowledge goes. Thereafter, Shri. Imkonglemba and Dr. K. Aochuba would be the 4th and 5th batches if I remember correctly. At the time of recruitment to the 4th IAS vacancy for other services, P&AR department did not advertise and circulate the vacancy notification open to all department but circulated notice to few selected departments only. Having learnt that a panel of names of officers have been nominated and date of interview have been scheduled, I submitted a representation to the then Chief Secretary Shri. A.M. Ghokale, IAS, that Notification was not openly circulated to all the department, therefore, we are not given opportunity to submit our candidature. The Chief Secretary verbally told the P& AR Secretary that he cannot do anything. May be due to my earlier representation, during the next vacancy occurrence the P&AR Department circulated the Notification inviting nomination from the department for one post of IAS from other services. The then Additional Chief Secretary Shri. E.T. Sunep, IAS, who was holding the charge of the Transport & Communication Department, was pleased to forward my candidature to the Government. However, the P&AR department forwarded only three names in the panel instead of five names as were normally done. On inquiry, I learnt that my name could not be included because I did not have all 5 ACR of Outstanding grade but two ACRs were very good only. I learned that from the whole lot of officers recommended by the various Department, only three officers had all 5 ACRs of Outstanding grade, hence found fit three of them only to be in the panel. Record will show that in the previous nomination panel, seven names were forwarded instead of five. It might have been a well calculated plan to nominate only the targeted people as Very Good grading ACR is not negative. It is interesting to note that many Reporting Officers give Outstanding ACR for doing normal routine duties. When grading Outstanding ACR, the Reporting Officer is required to clearly mention the outstanding achievement of the officer during the reporting period as I have written ACRs for 30 years.

I retired from service on 31st March 2010 after attaining 35 years length of service without understanding what determines merit in the interest of Public Service in Nagaland. I took charge of the Deputy Transport Commissioner in 1999, which function as the de-facto head of the Department in the matter of management for revenue administration and enforcement of the provision of M.V. Acts & Rules, the Administrative Head being the Ex-officio Transport Commissioner. I undertook number of revenue revamping and innovative measure to plug revenue pilferages and enhance revenue collection by adapting new measures and computerisation of the department for vehicle registration and issue of driving licence. Nagaland stands as the first State in India to Computerised the National Permit Register and issue of computerized driving licence. The introduction of Vahan as a common software platform for the whole country took place 5 years after we computerised our registration. The Ministry gave the charge of development of Vahan and Sarathi for registration of vehicle and driving licence to the NIC New Delhi. The NIC was prudent enough to recognise our pioneering efforts and supported our computerisation programme by way of providing Network Server, Computer machines and technical manpower. The impact of computerisation in revenue development is tremendous that can be gauged by the total annual revenue collections of the department. In 1989, before I took over the charge of the Dy. T.C., the annual revenue collection was below INR 1 crore but after the revamping and computerisation, the annual revenue collection of the department today (2025) is above INR 125 crore. The then Transport Minister proposed a citation to recommend me for the Governor Gold Medal for the successful computerisation of the department, resulting in huge revenue collection without any manpower increase and sent a note to the Secretary. The Additional Secretary wrote in the file note sheet and pointed out that the Additional Secretary and above are not entitled to Governor Medal Award, so T. Meren Paul, Additional Transport Commissioner being in the equivalent pay scale of the Additional Secretary is not entitled to the Governors Gold Medal. The Additional Secretary is not a field officer and is not entitled to the award but Additional Transport Commissioner being a filed officer is entitled to the Award but the Secretary, an IAS officer agreed with his Additional Secretary and denied forwarding my nomination for the Award.

Having come across and endured all the above stated experiences while in service and finally retiring from the service on 31st March 2010, I am still wondering what constitutes merit in the public service in Nagaland and pondering to comprehend why we don’t want to rectify the past mistakes but choose to perpetuate and cultivate it under the squeaky Rule 8(2) of induction to IAS from other services. The State Government is stated to have taken legal consultation and has arrived to take into cognizance of merit from the half way mark of the service and not the merit at threshold of the Service as stated by the spokesman of the cabinet. The statement of the Hon’ble Minister, referring that mistake was committed by then Chief Secretary in 2020 in interpretation of the Rule 8(2), taking into cognizance of the service entry point, which however, had to be reversed after the Cabinet took legal consultation and concluded that entry through NPSC has never been the sole criterion for IAS induction in Nagaland. The Hon’ble Minister, thereby, admits publicly that there is difference of opinion and interpretation of the Rule among the state bureaucrats and the law Officer presenting into contentious issue and paints discord between the two services which is unfortunate. Under the present circumstances, it would be expectant and befitting on the part of the Joint Coordination Committee to seek legal opinion and prefer a writ petition in the Hon’ble High Court to adjudicate the legal opinion tendered by the legal adviser of the State Government and to decide the matter once for good. I am writing my piece without prejudice to any person but having faced and experienced similar instances of disappointment in the past, I wish that this dispute be adjudicated in the appropriate law court and settle it for future benefit.

T. Meren Paul,

Former Transport Commissioner,

Kohima.