Union leaders make a killing selling false dreams to temporary employees | Part 4

Kerala has always been notorious for the excesses of trade unions. Their leaders even while championing the cause of workers have proved to be their exploiters in several instances. This has been starkly revealed by their machinations when the government of the day carries out a large number of job confirmation with an eye on the elections.

Union leaders make lakhs of rupees by collecting money from temporary employees by promising them job contracts and regularisation of service. They only need the help of officials in government departments to ensure that files related to jobs do not get stuck anywhere. Some union leaders take a share of the monthly salaries of temporary employees by selling them the dream of permanent employment!

Employees who dare to protest will be without a job soon enough, and their names will surely not figure on the list of people recommended for service regularisation.

All for the party

"Lakhs are being collected from employees who have completed 10 years in service with the promise of making their employment permanent. The job aspirants are convinced by saying the money is for the CPM coffers. This collection drive in the name of the party should be investigated," demanded a female employee of the left-leaning organisation, the Kerala Health Research and Welfare Society (KHRWS), in her letter to the Chief Minister.

However, no action has been taken on the letter that contained the name and other details of the group that was behind the collection drive. But the union leader left a message in the employees’ WhatsApp group calling those behind the letter as part of a 'clique'. The message read: "February 3, and February 10, 2021, are crucial. On these days, the eternal dream of many contract employees of the society for a permanent job will come true... Some sceptics, however, have tried their best to shatter this dream of many. But we will not lose. A Communist will not back down from his goal, no matter the obstacles. Whatever be the lies told, the history of KHRWS will be rewritten!"

The confident tone of his message could have come only from the secure knowledge that the file on appointments is "safe" in the hands of someone he trusts.

The KHRWS governing body once gave an appointment to a person who had not even applied! It had also secured job for nine others who had applied for a job under the government’s compassionate employment scheme. This breakthrough was possible even after an administrative officer had objected to the appointment formally.

Rs 5 lakh for a permanent posting in Delhi

When he assumed power in 2016, Chief Minister Pinarayi Vijayan had alerted about wheeler-dealers exploiting connection to those in the government and the party. But such people have had a free run under his government as has proved by the series of nepotistic and backdoor appointments.

In a complaint filed about a Left leader in Delhi’s Kerala House, a Delhi-based Keralite stated: “I got to know this person at Kerala House; he was an employee there. He promised a job in Kerala House saying that permanent appointments are going to be made soon. He demanded Rs 5 lakh for the job of a receptionist and Rs 3 lakh for the post of a driver or room boy or even for canteen duties. He claimed the amount was for the party fund. He spoke to a person in the chief minister’s house in front of us. He also showed us a phone number that was saved as ‘PA to CM’. He said if Rs 50,000 is not paid immediately and booked, the vacancies will be cancelled. Following this, three families handed over money to him at room no 102. Later, this person could not be reached on the phone. We are also finding it difficult to take legal action as there is no proof of the money having been paid.”

After the file, bearing the number 2800/C1/2020/KH, that contained the complaint got buried deep down in a heap of other pending files, authorities said that there was never any such complaint. No investigation or action has been taken against the accused. What’s more, the government is also trying to give him an undeserved promotion.

Backdoor appointments still on

On Wednesday the Council of Ministers had announced that the job regularisations would be halted. But attempts are likely on to draft as many people to the C-DIT. Under the guise of framing special rules, a bid to appoint those close to the party and the government is on. Those who have not even completed 10 years of service will also find a place in the new list for regularisation.

As per the special rules prepared for C-DIT, 27 posts have been set aside for direct appointment. Many of these posts have the same job titles and eligibility criteria as those already appointed to the organisation and working elsewhere on deputation. This will pave the way for the permanent appointment of those having the posts of project associate, research assistant, data entry operator, senior engineer, systems manager, senior designer, content developer, reporter and junior technician.

The government's ruse

The government contends that the permanent appointments of temporary employees will not affect PSC rank-holders as such jobs are outside the latter's purview. But it is for the government to take the steps necessary to hand over the appointments to the PSC. If it had the will it could have got appointments done through the PSC by passing an executive order rather than frame special rules.

But the government does not frame special rules even for institutions where it has claimed the appointments have been left to the PSC. The PSC, therefore, cannot make appointments to such organisations.

Outside PSC purview

Appointments at the Warehousing Corporation were transferred to the PSC in 1985. However, the government has not yet framed the special rule to make this official.

The special rule for appointments in the Matsyafed through the PSC came into force a quarter of a century after the announcement was made. KERAFED appointments were also assigned for the PSC when the announcement about Matsyafed was made. However, it has not even prepared the draft rule to implement the special rule in KERAFED.

Appointments in the Women's Development Corporation, Children's Literature Institute, Bhasha Institute and State Institute of Encyclopaedic Institute have been handed over to PSC, but the latter has not yet been able to take over the task. This has been the case irrespective of the government that is in power.

The appointment in entities such as ANERT (Agency for Non-conventional Energy and Rural Technology), Institute of Management in Government, Kerala Book Marketing Society, Kerala Books and Publications Society, Folklore Akademi, KHRWS, Kerala Institute of Local Administration, Kerala Institute of Labor and Employment, Lalithakala Akademi, Media Academy, Sahitya Akademi, Nirmithi Kendra, Youth Welfare Board, LBS Centre, NATPAC, Regional Cancer Centre, C-DIT, CAPE, Women's Commission, Human Rights Commission, Information Commission, State Election Commission, Electricity Regulatory Commission, Lokayukta, Fishermen Debt Relief Commission, Chalachitra Academy, Bekal Resorts Development Corporation, Horticorp and NORKA, have not yet been handed over to PSC.

Unanswered questions

The leaders of the current LDF government are forthcoming about the number of temporary employees who were regularised during the previous UDF government. However, the CM has no answer when asked how many people have been made permanent by his own government.

When the question was raised in the press conference called on Wednesday after the Cabinet meeting, Pinarayi Vijayan evaded it saying he doesn’t have the exact figures.

When VS Sivakumar, MLA, asked about appointments through PSC, the reply he received in the Assembly was that the “information is being collected”. He had also asked about the number of new posts created in all the departments ever since the LDF government came to power. Another question was about the number of people appointed through the PSC in the newly created posts. Sivakumar also wanted to know about the exact number of candidates who took up the jobs after they were recommended for appointments. But he never got convincing replies.

What the Supreme Court said

In the 2006 landmark judgment in the case between the Karnataka government and Umadevi, the Supreme Court had observed that "Equality of opportunity under public institutions is the hallmark of the Constitution.... Temporary vacancies cannot be filled in a haphazard manner or based on patronage or other considerations... The State is meant to be a model employer which has to make appointments only as per Article 309 of the Constitution. The fact that a person has been working on a temporary basis for a long time does not make that person entitled to the post."

The court also stressed that "Recruitment should be done by issuing an advertisement, giving opportunity to all job seekers and following proper selection rules. Else it will be a violation of the Constitution‌. In case of contract work, its validity will expire at the end of the contract period. As a last opportunity, only those who have completed 10 years of service can be confirmed. However, no regularisation of appointments is allowed after this order."

The End

Contributed by: Renji Kuriakose, Jayan Menon, Jayachandran Ilankath, MR Harikumar, VR Pratap, Joji Simon and KP Safina. Compiled by: Nidheesh Chandran