Shimla, Dec 18,
In a bid to address long-standing ambiguities regarding the status of contractual employees in public service, Himachal Pradesh Chief Minister Sukhvinder Singh Sukhu has introduced a new Bill in the State Assembly. The legislation aims to strike a balance between the interests of regular government employees and contractual appointees while ensuring the financial stability of the state.
The Bill is grounded in Article 309 of the Indian Constitution, which empowers state governments to regulate the recruitment and service conditions of public employees. Himachal Pradesh has employed individuals on a contractual basis since 2003, but this practice has led to disputes over whether contract employees should receive the same benefits, seniority, and privileges as regular staff.
Contractual employees, when hired, sign agreements outlining their terms of service, which clearly state that their tenure under contract would not count toward seniority or other benefits available to regular employees. However, the incorporation of contractual appointments into recruitment and promotion rules over the years has created a perception of parity with regular employees. This misunderstanding has fueled demands for equal treatment, further complicating the situation.
Presenting the Bill, Chief Minister Sukhu emphasized the need for clarity. “The purpose of contractual appointments was never to equate them with regular employees. Their terms of service are defined by agreements and are distinct from those of regular public servants,” he said.
The proposed legislation explicitly excludes contractual appointments from the definition of public services under recruitment and promotion rules. It reiterates that contractual employees will continue to be governed by their initial agreements and not by rules applicable to regular government employees.
A key motivation for the Bill is the financial implications of treating contractual employees as regular staff. Equalizing their status would not only require significant resources but also lead to the revision of seniority lists spanning two decades. This, in turn, could cause demotions among experienced regular employees, potentially destabilizing the administrative structure. “Such a move could create widespread dissatisfaction and disrupt the functioning of the state’s administration,” Sukhu stated.
The Chief Minister further highlighted the contributions of regular employees, many of whom bring years of experience to their roles. He argued that equating their service with contractual appointments would diminish their efforts and jeopardize administrative stability.
The Bill is slated for discussion during the remaining days of the Winter Session of the Himachal Pradesh Assembly, currently underway at Tapovan near Dharamshala. The session has already witnessed lively debates on various issues, and this proposed legislation is expected to draw significant attention.
The introduction of the Bill has sparked a broader dialogue among political and administrative circles. While some see it as a pragmatic move to safeguard state resources and maintain administrative order, others argue for a more inclusive approach to recognizing the rights of contractual workers. The outcome of this debate will have wide-reaching consequences for the state’s workforce policies and governance framework.
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