Court tells state to declare itself insolvent if it can't bear the Rs 8,000 crore cost to regularise employees earning fixed payscales
Strong remarks were passed by the Supreme Court against the Gujarat government for not paying fixed pay employees under the pay scale designated for regular employees. “Declare yourself insolvent if you cannot pay,“ the court told the Solicitor General (SG) Ranjit Kumar, while hearing the case.
The remarks were passed by the Supreme Court on December 6 while hearing a case on the absence of permanent involvement. The court was responding to the argument made by the SG that the Gujarat government would have to bear Rs 8,000 crore if the high court order was implemented. There are four lakh fixed wagers currently employed in the state.
The State Govt was cornered
The court was also visibly irked when the state government's counsel submitted that the employees in question joined the job and gave an undertaking to work under fixed pay. The SC responded, “They will do the job if you offer them even Rs 5,000. The employees did not exercise free will while submitting the undertaking. They simply did what the government asked them to do.'' The court also raised questions about the appointment of Lokrakshaks on the post of constables without any such rule in place. “The scheme needs to be examined in context of the constitutional provisions,“ the court commented. The SG responded by stating that the state government is coming up with a new scheme for the fixed pay employees in January.
Pravin Ram, who is spearheading the fight for fix wagers said, “The court has made favourable remarks for us and we hope the scheme which the state will introduce benefits us.“
Always one to rebuff court reprimands, however, counsel for the state denied that this was a judicial rap. “The court didn't criticise us, instead exchanged its view about the scheme.The court wanted to know certain facts and exchanged its thoughts with the Solicitor General. The court also provided us some suggestions,“ said Hemantika Wahi, standing counsel for the state government who was present in the court.
The matter will be heard in January 2017 along with a similar petition filed by the Rajasthan State government.
Fixed pay employees
The Deputy Mamlatdar with Gujarat Government, Mitesh Kanejia, who is also an employee supposed to received permanent and fixed wages told the media, “We don't want any type of scheme from Gujarat government. We only want permanent jobs and establishment of the fixed pay system. We want Gujarat government to follow the high court ruling and withdraw their petition from the Supreme Court.“
Timeline of the Court Battle
In 2012, the Gujarat High Court heard a PIL filed by a city-based NGO and termed employment in government jobs under the fixed pay scheme as illegal. The state government was asked to pay the employees in full, similar to regular employees' pay scale and arrears of the pay since they started job in their respective department. The state however, challenged the order before the Supreme Court. Meanwhile, 75 fixed wagers also appeared in the case to join as a party, which was allowed by the court.