GONDAL NAGARPALIKA KARMACHARI SANGATHAN Vs. GONDAL NAGARPALIKA

JUDGEMENT

(1.) It is a matter of regret that, in so many municipalities in the State, elected representatives or the Chief Officers, as the case may be, are going on making illegal appointments, still, the Government is not taking any action against such municipalities, officers or elected representatives, as the case may be, and unfortunately, a situation is created in such a manner that, it is impossible for the municipalities to pay even the regular salary to its employees. Such matters are coming practically every day before this Court, wherein grievance is made on behalf of the employees that, even though, they are regularly recruited on the sanctioned posts, they are not paid their regular salary for want of funds. It is expected from the State Government to take strict action against such erring officers/office bearers, who are instrumental in creating this situation by recruiting the employees in such an illegal manner. It is high time that the State Government, instead of remaining a silent spectator, may take appropriate action including prosecuting them, otherwise, this unending problem will continue to occur for years to come. The State Government is supposed to act in an objective manner by taking strict action against such municipalities or against such erring officers, who are involved in such illegalities, and, ultimately, playing with the rights of the citizens of the town, who might be deprived of electricity or other facilities for want of funds.

(2.) This Court has noticed in various matters that the State Government is hardly taking any action in such matters and this vicious circle is going on, by which the benefit of employment is given to a few in an illegal manner and it is obvious that such employment is given either by the President or by the Chief Officer or by other office bearers to oblige their near ones. It is high time that the Government should take appropriate action even by taking the action of superseding such municipality or by taking strict action against the erring officer or the elected representative who is found to have committed the fraud by making such illegal appointments and such municipalities, therefore, should not be allowed to go scot free.

(3.) In the instant case, it is pointed out by the learned advocate appearing on behalf of the Gondal Nagarpalika that, so far as the Gondal Nagarpalika is concerned, such illegal appointments were made between 1987 and 1998 and about 94 employees were given appointments by the then President and the then Chief Officer by recruiting them over and above the sanctioned posts which resulted into the financial crisis and because of the same, even the Nagarpalika is not in a position to pay the regular salary to all the employees and the result is that the regularly selected employees within the sanctioned set up are also denied the benefits of the pay scale recommended by the 5th Pay Commission. It is a matter of pity that, this is not the only municipality which is facing this difficulty, as, in so many municipalities, this Court has noticed that the employment is made over and above the sanctioned set up without taking prior approval from the Director of the Municipalities. It is a matter of regret that, still, the Government is not taking any action against such erring officers and the erring officers are taking advantage of the situation and the Government is remaining a silent spectator. Unless the State Government takes strict action, this unending process will go on for years to come. Under these circumstances, this Court is compelled to observe that the Government should take appropriate action to save so many municipalities from financial crisis. It is high time that, appropriate direction should be issued to the concerned municipalities in this behalf and appropriate action should promptly be taken against the erring officers/office bearers/elected representatives who are instrumental in creating this situation. Unless this is done, the process of illegal recruitment is not likely to stop, because this Court is informed that, each and every President is interested in recruiting his dear and near ones. Unless the Government takes a strict view of the matter, most of the municipalities will not be in a position to pay the regular salary to those employees who are properly recruited and because of the situation created by these people, regularly selected employees will be deprived of their salary and other benefits. I am sure that the Government will consider this aspect in a proper manner and may issue necessary direction to the concerned municipalities in order to see that this problem can be cured at the earliest and even bitter steps are also required to be taken, which may displease some. It is high time that, some bitter dose be given to cure the financial illness of the concerned municipalities.