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| Temporary job means temporary | | | The Jammu and Kashmir High Court recently passed a judgment about the status of the temporary government employees. The court held that the temporary government employee has no right to hold the post and his services are liable to be terminated by giving him one month’s notice without assigning any reason.
The order is significant as it has made one thing amply clear that the temporary job means temporary and it cannot become permanent even if it’s given by the government.
The court also held the services can be terminated either under the terms of the contract providing for such termination or under the relevant statutory rules regulating the terms and conditions of the temporary government servants.
For many years a notion has prevailed in Jammu and Kashmir that any job provided by the government cannot be snatched and once a person is employed by the State then even his employer cannot throw him out. But this concept has changed after August 5, 2019, when the Centre announced its decision to abrogate J&K’s special status and bifurcated it into two union territories. Service rules have been amended. The employees whose performance is not found upto the mark, according to the new rules, can be sacked and they can’t even challenge the government action. Earlier any government employee, who was sacked by the government for his/her non-performance or the corruption charges used to challenge the government action and get back his job due to laws being not that stringent.
The government has made it clear that it means business and non-performers can be axed or transferred anytime. The government employees are public servants and they can be asked to serve anywhere. After J&K’s transition into a Union Territory many such government employees, who had remained posted at one place for many years due to their influence and close proximity with power corridors, were transferred to different places across Jammu and Kashmir.
The recent court order should serve as an eye opener for all such people, who used to take any government job, whether permanent or temporary, for granted. The order has made it clear that to transfer an employee or to continue with his services is the discretion of the employer and it cannot be challenged. |
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