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Winter session: Bill denying key benefits to contract staff cleared in Himachal assembly
BJP MLA Randhir Sharma, while raising concerns, said, “This bill takes away the benefits of the contractual employees, which is the anti-employee attitude of the government. Even if it is passed, the people will go to court and we demand that it should be withdrawn.”
The Himachal Pradesh Assembly on its third day on Friday passed the amendments to the Himachal Pradesh Police Act and also passed the Himachal Pradesh Recruitment and Conditions of Service of Government Employees Bill 2024 amid concerns raised by the opposition BJP legislators.
The Recruitment and Conditions of Service Bill, which aims to regulate the recruitment and conditions of service of persons appointed, stipulates that the service benefits available under various Central Civil Services Rules (as applicable in the State), the Himachal Pradesh Civil Services Rules, and other benefits such as seniority, increments, and promotions shall apply only to employees appointed on a regular basis.
It further specifies that individuals working in any government department, who have not been appointed as per the provisions of this Act and the rules framed thereunder on regular basis, shall not be entitled to service benefits or other related benefits like seniority, increments, or promotions. It outlines that a person will be entitled to service benefits only from the date of regularisation of his services.
BJP MLA Randhir Sharma, while raising concerns, said, “This bill takes away the benefits of the contractual employees, which is the anti-employee attitude of the government. Even if it is passed, the people will go to court and we demand that it should be withdrawn.”
Echoing similar sentiments, BJP MLA Trilok Jamwal said this is bad in the eyes of the law and it should be withdrawn. “The bill is being implemented retrospectively, which is wrong and all employees will go to the court and that will increase the litigation burden on the government,” he said.
While opposition members criticised the bill as being against the interests of thousands of contractual employees in government service, Chief Minister Sukhvinder Singh Sukhu defended it and said the bill aims to protect the interests of regular government employees. He explained, “The government has been hiring contractual employees since 2003. They will not be entitled to the benefits provided to regular employees. However, weak existing rules have allowed many contractual employees to seek favorable rulings in the High Court and Supreme Court. This bill strengthens and clarifies the rules, safeguarding the rights of regular employees.”
The bill introduced by Sukhu states, “Since the service conditions of the persons working on a contract basis are regulated as per the agreement signed between the parties, the various service rules applicable to the Government employees, do not apply to such persons and as such the contract appointees are not part of public services. On account of the inclusion of contract appointments in the recruitment and promotion rules, these appointments are being treated as appointments to the public services wrongly, which is totally against the intention and purpose of engaging the persons on a contract basis.”
It further states that in case, the contract appointees are treated as equivalent to the regular employees, it will not only put a huge burden on the State Exchequer, but the settled position will also get unsettled. “The contract appointments have been made since 2003 and treating them as equivalent to regular employees will result in revising the seniority lists for the last more than 21 years and many employees may have to be demoted to adjust the contract persons,” it reads.
Amendments to HP Police Act get assembly nod
The state assembly on Friday also passed the Himachal Pradesh Police Act Amendment Bill 2024. The bill proposes that in Section 4 of the HP Police Act of 2007, the sub-section (3) should be substituted with: “Recruitment of the non-gazetted police officers grade-II to the state cadre shall be made through police recruitment board, following the recruitment and promotion rules framed by the state government.”
Notably, the bill also provides the amendment to Section 65 of the act that: “No police officer shall arrest a public servant for any act done while discharging his duties as public servant except with the prior sanction of the government.
BJP legislators Randhir Sharma and Trilok Jamwal outlined that the proposed amendment to Section 65 will curtail the powers of the HP Police and encourage corrupt officials and provide them with legal protection.
However, Sukhu clarified that it is for the protection of public servants as sometimes unnecessary FIRs are lodged against them. To enable the public servants to discharge their duties fearlessly, it is proposed to grant them protection from arrest. Separate SOPs will be announced for this,” he said.
