‘Hire them on contract’: Justice BV Nagarathna questions lack of accountability of 'privileged' govt employees
Supreme Court Justice BV Nagarathna has said that government employees belong to a "privileged class" and suggested that they should be recruited on a contractual basis to ensure greater accountability. The remarks were made during a hearing concerning the non-payment of Dearness Allowance (DA) arrears to Punjab government employees, reported Live Law.
A bench comprising Justice BV Nagarathna and Justice R Mahadevan was hearing a case arising from claims by government employees against the Punjab government over pending payments.
"Government servants must hereinafter come on contract basis. Then only they will have accountability. Three pages they type in a day. They don't want judicial department. They take recruitment in the High Court or District Court, they all go to Secretariat. There it is 3 pages to be typed in a day!" the judge said.
During the proceedings, the court discussed the state's financial position and its expenditure on welfare schemes and freebies. The observations came after the Punjab government had earlier told the High Court that it lacked sufficient funds to make the required payments to its employees.
Supreme Court questions government employees' claims
The dispute originated after Punjab government employees approached the High Court over the non-payment of their Dearness Allowance dues.
During the proceedings before the High Court, the state government cited financial constraints as a reason for its inability to clear the outstanding payments. However, the High Court reportedly questioned this explanation, pointing out that the government was continuing to spend money on freebies and other schemes.
A similar argument was raised before the Supreme Court, with the respondents referring to Punjab's welfare schemes and freebies.
In response, Justice Nagarathna observed that government employees raising claims against the state constituted a privileged section of society, while welfare benefits and freebies were intended to support marginalised sections.
Justice Nagarathna questions accountability of govt staff
During the hearing, Senior Advocate Devadatt Kamat, appearing for the government employees, argued that many government servants worked sincerely and diligently and that all employees should not be judged by the same standard.
Justice Nagarathna responded by questioning the accountability of government employees. She remarked that if government servants were genuinely sincere in discharging their responsibilities, the volume of litigation in the country would decline.
“State must act as a model employer,” Kamat replied.
The judge also suggested that government employees should be recruited on a contractual basis to ensure greater responsibility and accountability in public administration.
SC stays contempt proceedings against Punjab Chief Secretary
The Supreme Court bench also stayed the contempt proceedings initiated against the Punjab Chief Secretary in connection with the non-payment of Dearness Allowance arrears.
The bench expressed its reservations about the manner in which contempt proceedings were being pursued, stating that it could not appreciate such "arm-twisting" of government officials.
"You can't haul up Chief Secretary like this. Who is going to pay you?" Justice remarked.
The court's decision provides interim relief to the Chief Secretary while the larger dispute concerning the payment of DA arrears to Punjab government employees remains under consideration.