The Jammu and Kashmir High Court on Wednesday took a strong exception to employing wage workers in government departments on recommendations from elected lawmakers.
Justice Ali Muhammad Magray while hearing a petition, madestrong observations about such engagements being made on daily wage basis invarious government departments on the recommendations of the public representativeslike MLAs, MLCs or MPs.
The court directed the state’s Chief Secretary to notify toall state officers to desist from making such arrangements on therecommendations of the elected representatives without following the dueprocedure under law.
The court observed it has often been noticed that first thefunds are made available to the government agencies including the schools bythe MPs, MLAs and MLCs out of their constituency development fund for purchaseof vehicles and construction of buildings, etc and afterwards, the departmentalauthorities engage people as drivers, chowkidars, sweepers, etc, on daily wagebasis on the recommendation of these very elected representatives.
“The settled principle of law is that any post/position inthe government including the engagement of the daily wagers, belongs to thepublic. Therefore, in the spirit of implementing the public policy onlegitimate expectations and to follow the mandate of Articles 14 and 16 of theConstitution, it shall be notified to all concerned officers by the ChiefSecretary of the State to desist from making such arrangements on therecommendations of the elected representatives without following the procedurefor making such engagements/selections,” the court observed.
In the case before the court, the respondents had engagedtwo persons on daily wage basis as drivers on the recommendation of the MLAKarnah and local MLC in 2018, who had earlier made available the funds out ofthe CDF to the degree college Tangdhar for purchase of two buses.
The court directed the official respondents to explore thepossibility of engagement of the drivers from the local area throughadvertisement.
The court authorised the Principal, Degree College, Karnah,to issue a short-term advertisement of one week so that the engagement of theeligible candidates is made within 15 days. It directed that till suchengagements are made, the present arrangement of the drivers shall remain inforce.