DAYA SAGAR
Justice Bhushan Ramkrishna Gavai has been sworn in as the 52nd Chief Justice of India on 14th May. Justice Bhushan Ramkrishna Gavai has been part of several benches delivering landmark judgements including the one upholding the Centre’s decision to amend provisions of Article 370 of constitution of India. Born on November 24, 1960, in Amravati, Justice Gavai will have a tenure of over six months and would demit office on 23rd November 2025. While bidding farewell on 23rd May to Justice Abhay Shreeniwas Oka who was to retire on 24th May Chief Justice of India (CJI) BR Gavai remarked in open court that both he and retiring Justice AS Oka have decided not to accept any post-retirement assignments “Both of us have already decided that we will not accept any post-retirement assignments and therefore, we can think of working together (after retirement),”. The decision of Judges not to accept any post-retirement assignments has been aplauded all over the country, some may still be asking why?
No doubt using the experience and knowledge of persons ,who have been in the public services, after their retirement / superannuation by re employing them has been a common practice in India after independence.
Although some of such employments did affect promotion evenues for some serving as also the recruitment of those espiring for jobs but surely still there could be cases where the mature thinking and experience of work would be a great advantage keeping in view the level of the post & extent of maturity needed. But these days reemployment of persons from state services / judiciary after retirement has also been questioned at occasions .
As regards re employment at lower / middle levels of general services objection has been mostly as regards others in waiting denied due promotion for some more time as also denying recruitment opportunity to some.
But more serious questions are raised when some of those retiring from the apex levels of civil services / judicial services are re employed after retirement in statutary bodies / commissions or are taken in political parties for promoting them to enter legislatures, such instances have been found in past 3 to 4 decades receiving more objection from those outside the political government. No doubt in the present times it has also been found that some times some public servants are appointed on statutory bodies/ institutions even before few months of their retirement and they in some cases get benefit for serving a few years more, say upto 65 yrs age.
Not only that some serving as highest placed civil servant where they are responsible for high level palanning / sanctions/ decision making or at the Apex level of judicial services have also been at occasions accused of working more to the choice of the poitical bosses who immediately after retirement are favoured with appointment as head of some statutory institution/ body and or made to join a political party for getting through to legislature by election or nomination. No doubt such accusations remain untested.
There are some positions on which the economy, security, development and inputs for nation building are directly or indirectly dependent and no chance could be taken with such institutions where even removal of a person after appointment is also protected by nearly impermeable legal shield.
So times now demand that some policy is reworked / designed for re employment / placement at the ‘Apex’ position of some institutions / statutary bodies after retirement of those at the Apex positions of civil services / Judicial services.
No doubt once a person reaches top position in civil services (as high as the level of a Union Secretary) or in judiciary ( as high as Judge / Chief Justice ) there should not be any need for still obtaining any clearances for his truthfulness, honesty and sincerity to consider him / her for appointment on some constitutional post like National Human Rights Commission, Central Vigilance Commission, State Vigilance Commission , Election Commission and the like or nomination to legislature . But it is so unfortunate that in view of the extent to which the basic commitments / unbiased working have been allegedly doubted in some cases over nearly last 3 to 4 decades need has arisen for doing a rethinking on blanket trust worth reemployment on immediate retirement on high positions/ entry to legislature.
So with the socio- political culture that prevails this day it cannot be ruled out that there may not be any serving government servant working at prime position who for the sake of getting appointments / re employment on some commission / constitutional institution may not do justice to the regular job and instead care more to unfairly please during active service the political bosses/ superiors for their rehabilitation after retirement. Imagine the material benefit in money and perks that flows to one in service or retired government servant if she/ he is appointed on a statutory position, where even retirement age is 65 years.
It is unfortunate that even fingers have been raised at some persons retiring from Apex positions of judiciary for having taken care of the interests of political masters and the political masters having rehabilitated them immediately after retirement. Such stories even if that are really fake do hurt the confidence of the common citizen in the administrative system and the judicial system that a county like India has.
No doubt some rules / conditions are there for the government employees who desire to seek employment in private bodies after retirement like (Commercial Employment After Retirement) “A retired officer of a Central Service Group ‘A’ cannot accept any commercial employment before the expiry of two years from the date of his retirement without prior sanction of the President. If he does so, no pension shall be payable to him in respect of any period for which he is employed or such longer period as the President may direct” and like.
As on date there is a need for even the social institutions / organisations to impress upon the political leadership of India to incorporate through legislature some more conditions/ qualifications for appointment of the persons to head the institutions created through the Acts of Parliament / Acts of legislature or even high stake commissions / bodies outside the statutory provisions.
The conditions could be like (1) The persons to be appointed there if selected out of the Retired Judges, IAS / IPS /IRS / IFS officers should not be appointed immediately on their retirement (2) The persons to be appointed if are to be selected out of the Retired Judges, IAS / IPS /IRS / IFS officers it should be ensured that the person should have retired not less than 2 years before the date the process of selection is initiated (3) Where the appoint has to be made out of the retired government employees any reference if made in the rules for selection only from IAS/ IRS/IPS/IFS/IAAS should be removed (4) Any person who has once served on such positions / posts should not be given another extension or appointed on any other regular commission where he is to be paid salary / pay/ perks/ out of the public exchequer , after his tenure is completed or he seizes to hold the earlier posting (5) Not only that any person retiring from civil services or taking premature retirement from civil services or Judge retiring from services should not join any political party so as to enter the direct or indirect election process to elections to legislature before one year of retirement .
Such like checks and balances need be thought of and can be deliberated publicly, but India cannot afford to lose any more of time.
(The writer is a Sr Journalist & and a social activist)