Furtive ingress

Backdoor entries are one of the major roadblocks to the economic growth of any country. In fact, this also becomes one of the causes for brain drain overseas. Under the Indian Constitutional scheme, there is no provision for backdoor entries in government jobs. For systems to run effectively, it is important that competent people with adequate qualifications and absolute merit are inducted. In the last couple of years, no doubt this issue has been curbed to an extent; however, it still needs rectification at various levels.

The Supreme Court has passed a plethora of judgments re-emphasizing that it would be improper for the courts to give directions for the regularization of services for people who are working as daily wage earners, ad hoc employees, temporary or contractual employees, etc. Last year, the Apex Court stated that backdoor entries are an anathema to Public Service. In fact, it is also a violation of Article 16 of the Constitution, which promises equal opportunity in relation to employment.

Not only fresh recruitments but also regularizations in government jobs are considered as backdoor, thus snatching jobs from genuine candidates. Most definitely, when it comes to a public employer, there ought not to be an appointment without a due and fair recruitment process. Lakhs of students in the country toil to secure admissions based on merit, and it is high time that illegal appointments should be specifically addressed by framing specific legislations apart from existing Constitutional provisions. Not just for economic growth, but even for encouraging literacy, it is extremely important to comply with the norms of fair appointment procedures.

Public posts cater to the basic needs of the nation, such as water, electricity, transportation, communication, sanitation, municipal needs, etc. Such activities are the very basis for any economy to progress. For streamlined and faster functioning, it is most pertinent that only qualified and absolutely merit-based people get appointed. If government jobs, both at the central level and state level, are manned by unqualified individuals, our quality and productivity would also be low, thus affecting overall efficiency.

Meritocracy is most important for any economy. Apart from weakening the economy, backdoor entries are unfair and unreasonable towards deserving individuals. Government employees have several privileges, such as reasonable working hours, as compared to small/mid-size private firms, and perks such as accommodation/HRA, LTA, conveyance, multiple allowances, etc. Undoubtedly, such benefits should be meant only for deserving individuals.

Needless to say, it is equally important that the needs of the economy are adequately addressed. Some of the massive litigations pending, as well as one of the most significant demands, pertain to millions of people awaiting regularization. It is generally not advisable to dismiss candidates seeking regularization, especially those who have been working for a plethora of years. Systematic approaches need to be developed, considering various aspects, including financial implications. This could involve options such as continuation on the same basis or a contractual basis with reduced pay scales.

Furthermore, there also needs to be a system of checks in place. For instance, annual confidential reports for all categories of employees should be introduced. The attendance system, presence on duty, and other related factors also need to be closely monitored. Measures such as introducing CCTV cameras, particularly in remote areas, should be considered. The utilization of the Voluntary Retirement Scheme (VRS) or even compulsory retirement under clause 56 J or Fundamental Rules should be considered for long-standing non-performing employees, often referred to as "dead wood" in various court dictums, including those individuals whose conduct is under scrutiny.

In addition to the above, systems and policies need to undergo regular reviews. Crucial areas to be reviewed include timings, holidays, disciplinary procedures, supervision, and so forth. Another important aspect in public employment that requires scrutiny is the nature and definition of duties. For positions like drivers, clerks, peons, etc., the salaries paid often exceed the value of the work done by them. Certainly, the resources of taxpayers should not be depleted in this manner. A suggestion is to allocate additional duties to employees within these categories.

In a nutshell, for an improved and competent economy, we need to implement fair and merit-based appointment procedures, as well as conduct a thorough review of our age-old systems and policies.

Having said that, the issue of adequately compensated employment for larger numbers can be substantially addressed with increased foreign investment. With more private companies and multinationals offering high pay packages, people need not solely pursue public employment. Therefore, a key solution lies in liberalizing taxes, laws, social security schemes, improving production procedures, mopping off corruption, fostering a trained workforce, and promoting genuine and refined quality of products, along with improved after-sales services, to attract better foreign investments.

The writer is a practising Advocate in Supreme Court and High Court of Delhi. Views expressed are personal