HC stays outsourced recruitment, State bypass recruitment rules
Photo used for indicative purpose only. Source internet
Shimla, June 17
Himachal Pradesh High Court has continued its scrutiny of outsourced recruitment in government departments and undertakings, observing that the State couldn’t not circumvent statutory recruitment procedures by engaging personnel through outsourcing agencies. The court has directed that no recruitment be made in violation of the prescribed Recruitment and Promotion (R&P) Rules.
The matter came up before a Division Bench comprising Chief Justice Gurmeet Singh Sandhawalia and Justice Bipin Chander Negi on Tuesday while hearing petitions challenging the outsourcing policy and the manner in which appointments have been made in various government departments.
During the hearing, the court noted that despite the existence of regular vacancies, departments were engaging personnel through outsourcing arrangements. Referring to submissions made earlier, the bench observed that in the Health Department, candidates were initially engaged through outsourcing agencies and later absorbed through Rogi Kalyan Samitis, effectively creating an indirect route for appointments outside the regular recruitment framework.
Expressing concern over the practice, the bench observed that the government cannot be permitted to exploit unemployed youth in the name of financial savings. It held that outsourcing appointments in disregard of the Recruitment and Promotion Rules appeared arbitrary and discriminatory.
The court said that where statutory recruitment procedures exist, they cannot be bypassed through policy decisions favouring outsourced engagements.
The State government informed the court that it did not possess complete data regarding outsourced employees working across departments and government undertakings. Taking serious note of this, the bench had earlier directed the Principal Secretary (Health) and Principal Secretary (Finance) to appear before the court and explain the position.
The court further observed that a large number of individuals engaged through outsourcing were being deprived of statutory protections and service benefits available under regular recruitment. It remarked that while vacancies continued to exist, appointments were being made through alternative arrangements without following the prescribed legal process.
Data placed before the court revealed that as many as 17,114 persons have been engaged through outsourcing across 42 institutions and departments in the state, including the High Court and the Himachal Pradesh Judicial Academy. The figures disclosed before the court showed that 630 outsourced employees were working under the Director General of Police, 542 in the Jal Shakti Department, 1,473 in Himachal Pradesh State Electricity Board Limited, 632 in the Rural Development Department, 803 in the Agriculture Department, 793 in Chaudhary Sarwan Kumar Himachal Pradesh Agricultural University, Palampur, and 2,578 in the Directorate of Medical Education and Research.
The bench noted that the court had not been informed about the percentage of sanctioned vacancies against which these outsourcing appointments had been made. It observed that such information was essential to assess the extent to which regular recruitment had been replaced by outsourced engagements.
In a related aspect of the litigation, the High Court has also questioned the mechanism adopted for outsourced recruitment through empanelled agencies. During earlier proceedings, the court had asked how companies lacking expertise in recruitment could be entrusted with hiring nurses and other skilled personnel, observing that the State had failed to frame clear parameters governing the process.
The matter remains under judicial examination, with the High Court continuing to scrutinise the legality, transparency and fairness of outsourced recruitment in Himachal Pradesh.
During earlier hearings court has questioned the state for engaging a company (selling phenyl) tasked with recruiting nurses.
HC has summoned secretary Finance Devish Kumar in person, who remained present during the hearing. Secretary Health M Sudha Devi was also ordered to remained present during hearings but state informed the court that officer was on foreign tour.
The next hearing has been fixed for July 7.
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