Centre slammed for changing policies

The Delhi high court has slammed the government over rising instances of its various wings frequently changing recruitment rules and aspirants — who qualified for a post on the basis of original criteria — being denied jobs citing changed norms. Harish V Nair reports.

The Delhi high court has slammed the government over rising instances of its various wings frequently changing recruitment rules and aspirants — who qualified for a post on the basis of original criteria — being denied jobs citing changed norms.

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“Thousands of aspirants are rushing to court when policies change and executive does not take care that the baton is passed on smoothly … it is unfortunate that departments remain oblivious to the fact that the rules of game were being changed during the game. We find this happening in every case when policies change,” said a bench headed by justice Pradeep Nandrajog.

Noting that country’s bureaucrats need urgent lessons on “continuity”, the court suggested they run relay races and also learn a bit of occult and horoscope to improve their state of affairs.

Court said such a situation arose due to “lack of policy outlook and vision” on the part of bureaucrats. “The country owns a responsibility to not only nurture but encourage its children,” the court added.

The court remarks came in a case where Indian Air Force refused no-objection certificates to three corporals (junior level staff) to quit and join a much profitable civil post after they got selected.

They were told that under the new policy (commencing June 1, 2007), they were eligible to it only after 15 years of service in Air Force and they had just completed seven years.

According to the policy on May 9, 2003, when Gadela Yugandher, Rakesh Kumar Sinha and Ram Lakhan applied for the post, they were eligible for it after seven years’ experience.

Rekha Palli, their lawyer told the court it was unfair to deny them NOC.

“Once they applied under a particular policy and passed two levels of tough competitive exams, they cannot be denied the posts they aspire for by citing a policy illegally changed midway,” Palli said.

The high court, too, upheld Palli’s argument and said: “What loyalty would the Indian Air Force expect from them (the aggrieved petitioners) if they are forced to work at a salary which is about half of what they would earn in their new place of posting? The three young men would certainly be frustrated and this would not be in the interest of Air Force.”

The high court order, asking IAF to issue immediate NOCs to the petitioners, meant that Gedela and Rakesh would get a job in Custom & Excise Department while Ram Lakhan gets a post in Department of Personnel and Training.