BUREAUCRATS BANE TO INDIAN SOCIETY?
National Seeds Corporation Ltd (NSC), a Premier Govt. of India Enterprise under the Ministry of Agriculture & Co-operation, Government of India has played a pivotal role for ushering in green revolution in the country through high yielding varieties (HYV) of seeds. Besides, it has created mass awareness for using superior quality seeds and provided technical know-how on the recommended/improved package of practices to the farmers for stepping-up the yields that eventually led from an era of chronically deficient to self-sufficiency in food grain production in the country. NSC has adopted Central Govt. pay pattern and all the service rules and regulations that followed were in accordance with the rule book of Union Government. The employees were covered under the Central Government Health Scheme (CGHS). However, to the consternation and indignation of retired employees, CGHS facility was withdrawn mercilessly when the same was of a dire necessity to the aged as they are more prone to health problems. Despite the Corporation is a loss making unit, it was given doles from time to time to overcome its financial crisis as Govt. of India considered it as a social responsibility and a level playing field with the private seed industry to ensure that there is no dearth of sowing material at fair prices to the needy farmers for raising their crops. Furthermore, NSC maintains buffer-stocks of seeds to meet the vagaries of nature like severe drought/famine conditions and other national disasters/catastrophe like heavy floods, cyclones and crop failures due to various other factors.
To set right this grave injustice, a Writ Petition (Civil) No.6793 was filed by this author as a Petitioner-in-Person in the year 2006 in Delhi High Court for extending CGHS medical facility to the retired employees of NSC as they were deprived of even pension while their counterparts in Union Govt. are entitled for both. It is very strange as to how NSC employees are discriminated when NSC boasts in its website that it is wholly owned by Govt. of India. It is a great human tragedy that after serving the best part of their lives in the organization, the employees were discarded to face miserable plight which no sensible Govt. across the globe resorts to an inhuman act of this kind.
It may be of interest to know that a full-fledged administrative set-up with Senior Govt. Counsels engaged by various Ministries is maintained in the very same building of Delhi High Court. Despite notices duly served to the respondents in the case i.e Secretaries of Ministry of Agriculture & Co-operation and Ministry of Health & Family Welfare, Govt. of India, they had adopted a “don’t care” attitude and their Counsels neither turned up nor filed any counter affidavit explaining the reasons for denial of CGHS for the retired employees and they were conspicuously absent during the course of hearings of the legal battle. However, the Advocate who had represented NSC had categorically stated in his deposition that the Corporation has no objection for granting the CGHS facility to the retired employees. After strictly following the rigmarole, a landmark judgment was delivered by Hon. Justice J.N. Malik of Delhi High Court on 06-11-06 ordering the Secretary, Min. of Health and Family Welfare to extend the CGHS facility to the retired employees of NSC.
However, the Secretary, Ministry of Health and Family Welfare, Govt. of India defied the Delhi High Court Order and failed to implement the same. The defiant attitude of the Respondent clearly shows the insensitivity and callousness to human misery besides utter disregard and uninterrupted dissipation of the Order issued by the Hon. Delhi High Court. Taking into account the damn-care attitude of the Respondents, the Delhi High Court was moved to initiate contempt proceedings against the Secretaries of Min. of Agri.& Co-op and Min. of Health and Family Welfare for dishonouring the Court’s directive. Notices for contempt were issued by the undersigned by name(s) as per the procedure laid down by the High Court and the proof of the same was presented to the High Court as required under the law..
It was again the same sordid story as none was present on behalf the Respondents when the contempt petition came up for hearing and the Hon. Justice Dr Murlidhar had to adjourn the case to 30th October, 2007 with directions that notices are to be served, once again, to the Respondents, this time, by the Court all by itself.
When the case (CLP 404/07) was taken up for arguments on 30-10-07, someone claiming to be the Govt. Counsel has appeared all of a sudden out of the blues and informed the presiding judge Hon. J.M. Malik (Court No.25) that his judgment has been challenged and a stay has been obtained in the case (Ref.No.LPA.353/07—N.D.H. 14-01-08) from a Division Bench of the same Delhi High Court. It is strongly felt that this is highly despicable and a deplorable act to subvert the law and aimed at obstructing the administration of justice. If not, what the hell they were doing during the entire period of the trial maintaining stoic silence like a sphinx when ample opportunities were given to the respondents to explain their stand? With this most unforeseen and dramatic turn of event, Hon’ble Mr. Justice J.M. Malik has expressed his inability to proceed further into the matter.
(i) foregoing events clearly establish as to how bureaucrats are making a mockery of justice in this country. The verdict given by Delhi High Court in favour of retired NSC employees has already celebrated its first anniversary and the Govt. has failed to implement it showing scant respect to the High Court’s Order. This clearly shows the gross indiscipline, unbridled behaviour of the civil servants who are supposed to be role models to others. This once again shows the poor quality of recruitment process for the All India Civil Services by the UPSC which is no better than the State Public Service Commissions where skeletons tumbled out of the cup boards in recent times especially of Maharashtra, Bihar, Uttar Pradesh and Andhra Pradesh. The recent startling revelations about blatant corruption, abuse of power, favouritism, nepotism, involvement in various scams and scandals, fake encounters, violation of human rights in which many IAS and IPS cadre officers in U.P., A.P. Gujarat and Bihar involved have shaken the conscience of all right thinking people. With these chilling exposures, the country has lost faith in them and no longer treats them with reverence. The former Chief Secretary of U.P. Akhanda Pratap Singh not only amassed huge wealth running into several crores but also had an illicit relationship with the wife of a fellow bureaucrat according to press reports
(ii) no one cared to appear on behalf of the Respondents on any day of the hearings and no importance has been attached to the notices issued by the High Court.
(iii) even first contempt notices served have been ignored and when fresh notices were served, they have surreptitiously/stealthily obtained in a clandestine manner, a stay from a Division Bench of the same Court knowing fully well that a Division Bench of the same High Court had passed orders in favour of retired employees of SPA which has a specific mention in the judgment delivered in the present case.
(iv) it is to the credit of the present UPA Govt. which is a step in the right direction that it has introduced health cover to even unorganized sector. It is nothing but official apathy to neglect the retired NSC employees especially when they were provided CGHS facility during their service period.
(v) NSC is a midget and a miniature Organization despite its all India presence with an over all strength not exceeding 1000 (approx.) of which retired employees constitute an insignificant number and as such there won’t be much financial impact if CGHS is granted
(vi) it is significant to note that retired employees of even Indian Council of Agricultural Research (I.C.A.R.) which is also an autonomous body under the same Min. of Agri. & Co-operation, registered under the Societies Registration Act of 1860 are provided pension and CGHS medical facility
(vii) the courts should take a serious note of these sinister designs and vicious game plans of bureaucrats and the harassment of the aggrieved besides their misdemeanour in wasting the precious time of the courts which have already been choked with piled-up cases and send a strong message to the bureaucrats not to play cheap tactics with the judiciary which does not augur well with the senior civil servants
