Service conditions for regular government employees need to be fixed by legislature, not by executive

Pension for retired employees should be in techno-economic fitments, not on political whims

Decisions on retirement pension for govt. employees should not be political decisions but should be in Techno- Economic Fitments

Daya Sagar

JAMMU: Should the revision of pay scales of posts in Government departments be left to the ”Executive or it should be brought under the purview of the legislature? Should the decision regarding installing/ withdrawing the service conditions like superannuation/ retirement pension , increase/ decrease in the maximum limit of superannuation / retirement age of government employees , Gratuity and like for government employees be left with the Government / Executive or it should be brought in the purview of legislature ? Should deciding the general service conditions of government employees for appointment and career progress on substantive posts having long term implications regarding state expenditure as well as the due rights of those seeking employment & and those already employed be left to the executive or to the Legislature ? and like are the questions that common man of India / voter citizen must deliberate in view of the political culture that many be sensing these days since we are living in parliamentary system of multi party democracy. Some specifics could be taken here like
(1). It has been observed that although there is a system of appointment of Pay Commissions to see needs for revision of pay scales every 10 yrs for government employees but that has not been an automatic process . At occasions the political parties in power may be found waiting till the employee associations make demands / formal protests also before they decision aiming at taking some political advantage projecting that ‘favour’ has been done by appointing a Pay Commission. How far the Pay Commission have so far maintained reasonable parity between what they suggest for the regular employees and what exists there for the casual/ contractual employees that the governments often employ for doing the same work which regular employee may be doing too has come under question mark in the past which some say that has been due to the regular government employees being there close to the commission. So should not such matters be left to legislature ?
(2.) Similarly the conditions of employment and service rules too are often used by the political governments not particularly keeping the quality of delivery of public services/ genuine interests of unemployed job seeking youth in first focus but more looking for some possibility of taking political advantage in ‘numbers’ i.e may exploit even the qualified unemployed who may be in huge numbers to the extent of using some unfair terms even for appointments against substantive vacancies in case elections are not near and may project some goodness in making some corrections when there is some likely political competition to be faced in view of some political challenges ahead. The way the “Modalities For Fixed Salary Mode” recruitments for Non- Gazetted posts were installed by NC- Congress Govt in 2011 ( Order 257-F of 2011 27-10-2011 ) and withdrawn by same government in May 2014 in view of elections ahead ,The Jammu and Kashmir Special Recruitment Rules, 2015 (no allowances and increments for 5 years for all new appointments in general) under SRO-202 of 30-06-2015 was installed by PDP – BJP Govt in 2015 , the way it was later modified under public pressure with some corrections in 2020 vide S.O 192 of 17-06-2020 { Jammu and Kashmir Probationer (Conditions of Service, Pay and Allowances) and Fixation of Tenure Rules, 2020} reducing the 5 yr block to 2 yr block ( no increments and no allowances for 2 years ) and the way now S.O 192 has been repealed in 2002 vide S.O 425 of 06-09-2022 w.e.f 01-09-2022 after repeated appeals could be made to reach Sh. LG Manoj Sinha, could well demonstrate the point being pursued here in. Should not
Such affairs be kept for legislature ?
(3a).Provisions like superannuation pension are handled to ‘individual’ likings and choices. Pensions are discontinued for new appointees and revived by the political leaders in power without any justifications even when such decisions have long term effect on the exchequer, on the future of the families of government employees and even directly or indirectly on the commitment of an employee to the public cause. Government of India discontinued pension for central government new employees w.e.f 2004 and some state governments did that w.e.f 2010 ( like J&K) for new employees and not for already employed putting the new employees to much more disadvantage in comparison to those already employed. There has been no scientific reasoning for that. Now in 2022 some governments have announced revival of pensions which has been keeping eye only on elections to come( Presenting a populist budget ahead of the 2023 State Assembly election, Rajasthan Chief Minister Ashok Gehlot on 23-02-2022 ) announced restoration of the old pension scheme for the government employees who joined the service on or after January 1, 2004).
(3b Similar is the case as regards increasing or decreasing the retirement age of government employees which too should not be just a ‘decision’ of individual liking Should not such decision be left to legislature since it could be discussed and debated there ?

3. The government employees who are near to political bosses have been able to manage getting the maximum gratuity amount from Rs. 2.5 Lakh to 10 Lakh and then from Rs. 10 Lakh to Rs.20 Lakh w.e.f 2006 and w.e.f 2016 respectively {Central Civil Services (Pension) Rules, 1972 } but for those who work in private sector/PSU the limits for max gratuity under Payment of Gratuity Act of 1972 were given effect w.e.f 2010 and 2018 respectively since that needed amendment to PGA 1972 for which those outside govt service had no near ‘care takers’ and for government employees simply executive order were needed.
   (The author is Sr Journalist, social activist and analyst J&K affairs [email protected]).