Concept of good governance and the master and servant relationship - A point of view

1. With reference to the concept of GOOD GOVERNANCE AND the MASTER AND SERVANT RELATIONSHIP, I would like to mention the phrase used by the Honourable Supreme Court of India in a case, 'TRUST SHALL NOT BE BETRAYED', and realizing its importance, these wordings were rightly and suitably incorporated in the VII CPC Recommendations.

2. Honourable Supreme Court in the case of Bhupendranath Hazarika and another Vs State of Assam and others (reported in 2013 (2) Sec 516) observations: "It should always be borne in mind that legitimate aspirations of the employees are not guillotined and a situation is not created where hopes end in despair. A sense of calm sensibility and concerned sincerity should be reflected in every step. An atmosphere of trust has to prevail and when the employees are absolutely sure that their trust shall not be betrayed and they shall be treated with dignified fairness; then only the concept of good governance can be concretized. We say no more'. The VII CPC in its Report very rightly projected above Divine gospel truth.

3. Here again, the Honourable Apex Court came to rescue the employees by quoting as to what the GOI should adopt as 'MODEL EMPLOYER'. I would like to impress upon you that the GOI- in particular, the Railway Board has not changed its mind set on the welfare of the employees or honour the Constitution of India which guaranteed Fundamental Rights in its Article 309;  they are still thinking of their monopoly by dishonouring even the Honourable Apex Court Judgment Orders pronounced in favour of the employees, which , as Judicial Precedents, form as RULE OF THE LAW, with their self styled rules. 

4. I would like to mention a few words on the Anti-Employee's Policy being adopted by the government in making the employees suffer without regular promotion to next higher rank and making them work under ad-hoc system for several years and then make them to retire without any promotion and further pension benefits as that of other juniors or direct UPSC officers. This is being done by some vested interests which the honest other GOI employees, departments could not bring the matter in right perfection.

5. The Honourable Apex Court very rightly recognized the efforts of the Petitioner- D.S. Nakara, pensioner - In ... Writ Petitions Nos. 5939-5941 of 1980 --- the PETITIONER - D.S. NAKARA & OTHERS Vs. RESPONDENT: UNION OF INDIA, DATE OF JUDGMENT-17/12/1982...'  by displaying a Quotable Quote - ...'... to suit the context Woolessey's prayer: "Had I served my God as reverently as I did my King I would not have fallen on these days of Penury" is chanted by petitioner in this group of petitions in the Shelian tune: "I fall on the thorns of life I bleed." Old age, ebbing mental and physical prowess, atrophy of both muscle and brain powers permeating these petitions, the petitioners in the fall of life yearn for equality of treatment which is being meted out to those who are soon going to join and swell their own ranks...';

6. Honourable Chief Information Commission's Order ON FILES No. CIC/VS/A/2015/000847 DATED 16-11-2016 Decision Order DELIVERED ON 30-11-2016;and Commission's Order in the Case No. CIC/VS/A/2015/001328, Decision Order DELIVRED ON 06/01/2017- envisaged that ...'...Keeping in view of the facts of the case, submissions made by both the Parties and in light of its earlier decision,...the Commission advises the Respondent that a more sympathetic approach should  be adopted by the Public Authority in resolving issues concerning retired employees / pensioners. Ageing not only brings with it physical challenges but also economic and social insecurity which needs to be kept in mind. The Public Authority needs to sensitize its officers and staff on the provisions of RTI Act, 2005 and its implementation in letter and spirit....'

7. This aspect was rightly projected by the NCJCM (Staff Side) in its recent meeting with the GOI- on 3rd May, 2017-its Minutes-- PARA XI OF THE MINUTES ENVISAGED THE SAME.... POINT...(xi) Another point raised was about the instructions issued by the DOP&T following the assurance was given to the Hon'ble Supreme Court in a contempt case which was said to have created a situation where the DPCs are not being held and the employees are retiring without getting the promotion. It was stated that UPSC is also refusing to accept DPC proposals and insists that clarification from DOP&T may first be obtained. As a result, promotions are not taking place and many officers have retired without promotion. The Staff-Side requested that necessary clarifications may be issued by DOP&T urgently so that DPCs can be held in the...

8. In this connection of continuing of adhoc system, the Honourable Supreme Court of India: Judgment in Maharashtra Direct Recruit case 1990 (2) SLJ 40 (SC) : 1990 (2) SCC 715 - held that'... ad hoc promotion if at all given can be only for a very minimal period and continuance of the same beyond two to three years leads to the irresistible conclusion that the promotion is regular for all purposes...'; but who is going to care all these Judicial Precedents in our Bureaucratic System of same old British Rule ;

9. The GOI/ Railway Board has started stating that ' SIMILARLY SITUATED EMPLOYEES' / SIMILARLY CIRCUMSTANCED PERSONS ' / IDENTICALLY PLACED EMPLOYEES'  cannot be given the benefits of the Honourable Courts of Law Judgement Orders to others as they are not the Party / Petitioners in the writ Petition filed by some other employee; this is the state of affairs going on in RAILWAY BOARD. 

10. In reference to above , out of many, ONE CASE IS CITED HERE: Honourable Supreme Courts' Judgment Order dated 17-4-1989…in Prem Devi Vs. Delhi Admn.-SCC-SLPL-1989ATLJ 330 (/ 730) -     '…. The facts as are not in dispute the case of one of the employees having been decided by the Court it was expected that, without resorting to any of the methods, the other employees identically placed would have been given the same benefits which would have avoided not only un-necessary litigation but also of the waste of time and the movement of files and papers which only waste public time..'; 

11. That in the Honourable Supreme Courts' Judgment /Order in, Yanamandra Guananada Sharma Vs. Union of India and others- 1991 (2) ATJ 123 (Calcutta)- 30-5-1991…'… In short, the respondents are indirectly fomenting unnecessary litigations and wasting public money, making it prestige issue. This attitude of the respondents is deplorable and we express our deep displeasure over the same. The respondents as model employers are expected to take reasonable attitude and rational view of the whole thing and to act according to settled law of the land instead of bittering the relationship of the master and servant in this manner. ...' 

12. One RETIRED personnel from RPF- ASC...G. SAMBANDAM, sent representations- having lost ALL efforts, he filed WP IN HON'BLE HC OF A.P.STATE IN 2006 ; SOUTH CENTRAL RAILWAY, SECUNDERABAD FILED COUNTER, IN THIS CASE;ALL THE TIME AND AGAIN, THIS CASE COME UP FOR FINAL HEARING AND JUDGEMENT ORDER; THE CASE GOT POSTPONED ON ONE OR OTHER PRETEXT;CONTINUANCE NURTURED TILL THE DEATH OF THE PETITIONER IN 2017, 10 years struggle and money, all went in vain; 

13. HIS ASPIRATIONS AND TRUST BETRAYED. But, even after his DEATH, CASE LISTED for final hearing and posted on 29-11-2017; Misc. Petition not filed to CLOSE/Abate the Case-ADVOCATE AND  GOD ONLY KNOW?

14. Honourable APEX COURT RIGHTLY PROJECTED its feelings on 'TRUST' AND 'BETRYAL'-MASTER AND SERVANT RELATIONSHIP... THE BURNING ISSUE...'...TRUST SHALL NOT BE BETRAYED...' SAME WORDS REPRODUCED IN THE VII CPC REPORT...;

15. The Honourable Courts of Law and the CAT, through its Judicial Precedents have in fact ventilated their concern and on the government's uneven dealings in getting the problems, grievances and legitimate rights as guaranteed under the Constitution of India- through several Articles and in particular under Article 309, and the Government of India Allocation of Rules, 1961 envisaging the rights and privileges' of the government servants, but ironically under the thumb of the Bureaucratic monopolistic governance of the vested interests the Rules, Law and the  Judicial Precedents are being interpreted to their vacuum concerns and even by dishonouring the Honourable Courts of Law Judgments, Orders and Directions make interpolation to suit to their convenience by internalizing the matters as of their right.

It is thus, requested that the Legal Ministry of UOI/GOI should come forward to create a Department of Implementations of the Court Orders and the employees be permitted to mark a copy of their representation to this Department, which, inter alia should work as the Bridge between the Ministry / Department and the Employees and avoid the employees to knock the doors of the Law Courts for Justice; this action of GOI shall reduce Courts' Pendency of Civil Writ Petitions/SLPs and what not including waste of time, manpower and burden of bearing financial expenditure on the laps of the Government's Treasury.