BHOJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant petition in public interest the petitioner has invited the attention to fact that one Purushhotam Acharaya who retired on attaining the age of superannuation in the year 1994 from the office of the District Collector, Barmer is still continuing in office and discharging the duties of P.A. to the District Collector, Barmer. His presence in the Collectorate is managed by giving appointment as Literacy Coordinator. Serious allegations of mala fide and corruption have been levelled against him. Certain newspaper cuttings have been placed on record which indicate that his presence in the close circuit of the District Collector, Barmer has an adverse effect to the security of the country. Even if some concession is given and it is assumed that the petitioner has exaggerated the allegations against the respondent No. 6, the respondent State cannot escape from obligation to explain the circumstances compelling the Government to take the services of a retired person in place of a regular appointment on an important post like P.A. to the Collector. It has been observed that while the Government is very quick in creating more and more posts at the top level manned by officers from the cadre of I.A.S., I.P.S., R.H.J.S., I.F.S., Chief Engineers etc. but the posts in the field manned in middle group officers' subordinate services, ministerial staff remain unfilled. In the latter at the bottom, posts of Sepoy or Guard, lower technical staff remain vacant (except Class IV). There is an impression that in last 15 years the decision making authorities and the beneficiaries have maintained good reciprocal relations providing a smooth track for expansion of cadre creation of posts on higher level and quick promotions. They do not have sufficient courage to face employees unions, and succumb to their pressure. The net result is that the major portion of the public money is diverted to payment of salary and other expenses at the cost of withholding of development plan on one hand and growing unemployment on other hand. The question of reservation in services and service benefits have been politicized. The days of civil servants going by rule book have gone. Thus, rusting of proverbial steel frame which forms the core of country's governance. The physique of the Government has taken an ugly shape i.e. heavy belly with pale legs. This has destroyed the infrastructure of every Department. The obvious result is unbearable pressure on left out skeleton staff. Dependency on part time casual staff has prevailed. The departments have almost become non-functional. The blanket ban on appointments has proved counter-productive. The chaos has overburdened the public exchequer without even ordinary and day to day service to the people, resulting into public grievance all around. In prevalent atmosphere the ordinary citizen is puzzled. He is not getting satisfactory answer. People have been left with no option but to approach the Court. Thus, there is mushroom growth of litigations regular or as public interest litigation. This has overburdened the judiciary. This aspect needs to be examined in depth and detail by all concerned. If the remedial measures are not taken promptly, whatever little can be done, the judiciary as a vigilant and vibrant Institution will continue to discharge its constitutional obligation. Mr. Anand Kumar I.A.S., Collector, Barmer has filed an affidavit in pursuance of the directions of this Court. In all fairness, he has placed the relevant facts before us. It is averred that Purushhotam Acharya after the retirement was re-employed as Assistant Regional Coordinator on contract basis and he was also given the additional charge of P.A. to District Collector and Chairman, Zila Shahakari Samiti. He has also admitted that he has been dealing with the confidential matters/records received or dispatched by his office.

(2.) This Court by order dated 15.10.2003 directed the Secretary, Department of Administrative Reforms and Secretary, Department of Personnel to collect the information from all the Heads of the Departments, statutory bodies like Universities where the posts of the teaching and subordinate staff are lying vacant. Inspite of repeated opportunities given, the officers concerned have not been able to furnish the requisite information.

(3.) A Schedule has been attached supported by the affidavit of Shri Gangadhar Asnani, Assistant Secretary, Administrative Reforms Department, Jaipur giving certain informations. The post of L.D.C. & Stenographer are lying vacant in various departments of the State Government upto 30.11.2003. It is not possible to give complete details of the schedule. Suffice it to say that in number of departments, large number of vacancies of L.D.C. & Stenographer are lying vacant. In the Public Works Department, 140 posts of L.D.C. & 14 posts of Stenographer are lying vacant. In the Department of Personnel, the figure is 113 & 49 respectively. In the department of Medical & Health Services, the figure is 167 & 8 respectively. In the department of Technical Education, it is significant to notice that there exist 272 vacancies of teaching staff in the Industrial Training Institutes & in Polytechnic, there is a shortage of teaching staff of 167. In the College Education, there is a shortage of 767 lecturers. In the department of Primary Education, there is a shortage of 22,247 teachers. The services of 362 retired teachers are being utilized. As regards the University Education, it appears from the affidavit filed by Dr. Usha Singh, Assistant Director, College Education, Jodhpur that in the Universities situated at Ajmer, Udaipur, Jodhpur, Kota & Jaipur, the total sanctioned posts are 1755. As against that, 1178 persons are working. 577 posts are lying vacant. The State Government is busy in taking steps to abolish 175 posts. A decision is taken to keep 146 posts in abeyance. 288 persons are working as temporary or on ad hoc basis. This clearly shows a poor management and complete lack of planning. It further appears that the State Government has not chosen to give details as to the posts lying vacant on higher grade. Obviously because the posts of higher level never remain vacant. It is only the posts at the bottom level i.e. initial stage of recruitment, which remain vacant. This has adversely affected the smooth functioning of the departments. This aspect requires serious consideration by the State Government.