Winter session: Invoice denying key advantages to contract employees cleared in Himachal meeting

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The Himachal Pradesh Meeting on its third day on Friday handed the amendments to the Himachal Pradesh Police Act and likewise handed the Himachal Pradesh Recruitment and Circumstances of Service of Authorities Staff Invoice 2024 amid considerations raised by the opposition BJP legislators.

Himachal Pradesh chief minister Sukhvinder Singh Sukhu talking on Day 3 of the winter meeting session in Dharamshala on Friday. (HT Picture)

The Recruitment and Circumstances of Service Invoice, which goals to manage the recruitment and situations of service of individuals appointed, stipulates that the service advantages obtainable below numerous Central Civil Providers Guidelines (as relevant within the State), the Himachal Pradesh Civil Providers Guidelines, and different advantages similar to seniority, increments, and promotions shall apply solely to staff appointed frequently.

It additional specifies that people working in any authorities division, who haven’t been appointed per the provisions of this Act and the principles framed thereunder frequently shall not be entitled to service advantages or different associated advantages like seniority, increments, or promotions. It outlines that an individual will likely be entitled to service advantages solely from the date of regularisation of his providers.

BJP MLA Randhir Sharma, whereas elevating considerations, stated, “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 Even if it is passed, the people will go to court and we demand that it should be withdrawn.”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 related sentiments, BJP MLA Trilok Jamwal stated that is dangerous within the eyes of the legislation and it ought to be withdrawn.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 stated.

Whereas opposition members criticised the invoice as being towards the pursuits of hundreds of contractual staff in authorities service, Chief Minister Sukhvinder Singh Sukhu defended it and stated the invoice goals to guard the pursuits of normal authorities staff. He defined, “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 invoice launched 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 additional states that in case, the contract appointees are handled as equal to the common staff, it is not going to solely put an enormous burden on the State Exchequer, however the settled place may 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 meeting nod

The state meeting on Friday additionally handed the Himachal Pradesh Police Act Modification Invoice 2024. The invoice proposes that in Part 4 of the HP Police Act of 2007, the sub-section (3) ought to 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 invoice additionally offers the modification to Part 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 stated.