Municipal union opposes limiting inheritance rights of sanitation workers

The change that threatens to narrow the applicability of PT, also called compassionate appointment, dates back to April 10, 2023, when the Aurangabad high court stopped the state government from extending the inheritance benefits except to those from the Walmiki, Bhangi and Mehta communities

Mumbai: Almost twenty-five years after the recommendations of the Lad Page committee instated preferential treatment (PT) for government employed-sanitation workers, allowing them to transfer their permanent jobs to their legal heirs after death, retirement or medical disqualification, the rules now stand to change.

Mumbai, India - November 29, 2022: The Brihanmumbai Municipal Corporation (BMC) has decided to clean the residential lanes of South Mumbai. The problem is more common in south Mumbai, where many buildings are close together, with only narrow lanes between them, according to civic officials, house gullies, which are very narrow and difficult to clean, in Mumbai, India, on Tuesday, November 29, 2022. (Photo by Satish Bate/ Hindustan Times) (Satish Bate/HT PHOTO)

The Maharashtra government’s labour commissioner has issued a GR to the BMC and all municipal corporations in the state, asking them to implement the changes which will restrict the inheritance rights/PT to workers of only three castes: Walmiki, Bhangi and Mehtar. But fearing the change will exclude many sanitation workers from their inheritance rights, the Municipal Karmachari Kamgar Sena, on June 20, wrote to the chief minister Eknath Shinde, seeking redress.

“The Lad Page committee recommendations were accepted by the Maharashtra government in 1975, as sanitation workers work in filth and this decreases their life span,” explained Sanjay Kamble Baperkar, vice president of the union, “and till date, it has not taken in caste under consideration when passing on the sanitation worker’s permanent position to their legal heir. It goes without saying, however, that the majority of sanitation workers come from the scheduled castes (SC) and scheduled tribes (ST).”

The change that threatens to narrow the applicability of PT, also called compassionate appointment, dates back to April 10, 2023, when the Aurangabad high court stopped the state government from extending the inheritance benefits except to those from the Walmiki, Bhangi and Mehta communities. Prior to this, the Government of Maharashtra had issued a GR on February 24, 2023, consolidating all the directives linked to the Lad Page recommendations.

“The Aurangabad high court stayed the GR, making it applicable for only three castes. As per the changed rules, before the kin of a sanitation worker can inherit the position, which also gives the worker housing accommodation, their caste will be checked,” continued Baperkar. “But the government and municipal corporations in the state did not implement the rule immediately, as it was waiting if the stay would be challenged.”

This changed in August 2023, when in response to a clarification request from the Nagpur Municipal Corporation, the Maharashtra Government’s Social Justice and Special Assistance Department said that inheritance rights had been suspended, save for those belonging to the Walmiki, Bhangi and Mehtar castes.

“Around 15 days ago, the labour commissioner issued a directive to the chief engineer of the SWM department in the BMC, asking them to implement the changes,” said Baperkar. But the Municipal Karmachari Kamgar Union fears this will not only exclude sanitation workers from their rights but also thin the number of sanitation workers in the corporation.

“There are approximately 35,000 permanent sanitation workers in the BMC, and their posts are not advertised, as they are continued through inheritance if and when the worker dies, retires, or becomes medically unfit to continue the job. Around 1,000 of these workers pass on their jobs to their kin every year. If only three castes are allowed to continue in these roles, the number of these workers will gradually reduce. The BMC is moving towards contractual positions and privatisation, so the number of permanent workers will reduce,” added Baperkar.

He continued, “This will also exclude sanitation workers from Buddhist, Charmkarm Matand and other communities from the Scheduled Castes from their rights.”

The union has hence written to the chief minister, asking for legal redress to the stay by the Aurangabad high court, asking the government to oppose it. An official from the SWM department agreed that as this was the order of the Aurangabad HC, it would have to be implemented by the BMC, but he was not aware of the labour commissioner’s directive for implementation.

An official from the labour commissioner’s office, however, confirmed the Maharashtra Government had issued a GR in March 2024 regarding the changes to preferential treatment for sanitation workers under the Lad Page committee recommendations. “However, as the Department of Social Justice and Special Assistance has been under election duty, the GR has not been uploaded online yet. It has been going around on WhatsApp, and will soon be uploaded online for all municipal corporations. As it is a High Court order and now a GR, it will have to be implemented.”