Consent in the Sub-Committee of the State Arrangements Committee to keep a 'cooling period' of at least 2 years for taking new appointments after retirement
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A legal arrangement is in place for civil servants to get reservation facility only once in Gazetted (Khardar or Naib Subba) and once in Gazetted (Official or Deputy Secretary). In the parliamentary sub-committee formed to resolve the controversial issue of the 'Bill to make provisions regarding the formation, operation and conditions of service of the federal civil service', it was agreed to provide reservation facility to the employees only twice.
Dilendra Prasad Badu, the coordinator of the sub-committee formed under the State Order and Good Governance Committee, informed that although some MPs had demanded that the employees should have reservation facilities throughout their service period, they had agreed to provide such facilities only twice. It has been agreed that if the service has been entered on the basis of reservation, it will have to compete on performance for promotion. If they entered through open competition, there is a matter of giving one time reservation facility in promotion, more arrangements are yet to be made in this regard, he said.
It has also been agreed to put a provision in the bill to adopt an alternative if the position is not filled from the reservation group. As requested in the advertisement, if the candidate from the inclusive group does not pass, the advertisement will be opened for the next time and if the candidate does not pass, the post will be merged for the next time. "Based on the proposal of the Public Service Commission, it has been agreed to include the candidates from one group of reservation if they do not pass," said coordinator Badu. For example, if Dalit seats become vacant and given to tribals, next time they will be compensated by setting quotas from tribals to Dalits.' The bench of the then judges Vishwambhar Prasad Shrestha and Anand Mohan Bhattarai gave a directive order to make reservation in government services not on the basis of caste but on the basis of need.
The opinion of the Supreme Court was that reservation on the basis of caste should be freed from the occupation of certain people.
Chairman of the State Arrangements Committee, Ramhari Khatiwada, said that the bill was prepared keeping in mind the same decision while preparing the Civil Bill. "The ruling of the Supreme Court is behind the provision of reservation once in gazetted and only once in gazetted," he said.
Stating that the constitution has a goal along with the reservation system, the Supreme Court ordered that the reservation system should be utilized to achieve that goal. "Constitutionally, it seems necessary to free the reservation system from the possession of the upper class/lower middle class, who constitutionally belong to the category of reservation but do not want reservation due to their personal advancement and progress," said the Supreme Court, "For example, the children of ministers, parliamentarians, constitutional families, professors, industrialists, etc., who have reached a higher class politically, economically, or socially, can be placed in the category of not getting reservation." The amendment (2064) provided for reservation in civil services for the first time. According to this, 45% of the posts filled by open competition in the civil service have been set aside and 100% of them are considered to be 33% for women and 27% for tribals. Similarly, 22 percent has been allocated to Madhesi, 9 percent to Dalits, 5 percent to disabled people and 1 percent to backward areas.
The Supreme Court was of the opinion that in a country where there are 126 castes and 123 languages, the system of reservation should not be based on caste. On the question of whether or not to exclude children from reserved castes who are in high positions in the state from the reservation group, the chairman of the committee, Khatiwada, informed that the law secretary has been asked to study the judgment of the Supreme Court.
Ram Bahadur Thapamgar, Chairman of the Tribal Tribes Commission, said that restricting reservation is against the constitution. He said that there should be a system of reservation in promotion as well. Can't you get deputy secretary and co-secretary after coming from inclusion in the authority? That cannot be assumed. Even now, tribals are only 15 percent in the civil service, while the population is 35 percent. It is not acceptable to reduce the reservation further and take the governance system to Khasarya itself," he said.
Chairman of the Tharu Commission, Bishnu Prasad Chaudhary, said that since there is a provision in the bill itself that it should be gazetted twice and gazetted twice, it cannot be reduced. If it is reduced, the backward community may not be able to go to higher positions. Inclusion in the staff system becomes weak," he said. "Laws should not be made to weaken inclusion." Chaudhary says that the legal arrangement to reduce reservation facilities does not match the basic spirit of the constitution. He added, "No one passes the public service examination without getting the marks." Various studies have shown that those who entered the service through inclusion have worked effectively.
Article 285 of the Constitution provides for the formation of government services, which states, "The filling of positions in all federal government services, including the federal civil service, through competitive examinations shall be based on the principle of open and proportional inclusion in accordance with federal law."
In order to stop the trend of taking various constitutional or other appointments before leaving the government service, the sub-committee has agreed to keep a provision of 'cooling period' in the Civil Bill. Sub-committee coordinator Badu said, "The sub-committee has agreed to keep a cooling period of at least 2 years." The Minister of Federal Affairs and General Administration has said that he will discuss with the Prime Minister whether to keep the cooling period but for how long.' An MP said that the law ministry secretary Udayraj Sapkota and the general administration ministry secretary Ravilal Panth are taking a stand in the sub-committee that a 'cooling period' should not be kept.
The parliamentary sub-committee has requested the opinion of the government on whether to keep the employee union or not and in what form it should be kept. General Administration Minister Rajkumar Gupta has said that after discussing this with Prime Minister KP Sharma Oli, he will give the government's opinion.
In the civil service, it has been agreed to keep the provision that only those registered under the gazette can enter the service, Badu said. If approved by the sub-committee and the parliament, the way to enter service in Naib Subba will be closed. The post will be filled by promotion to Naib Subba. In the Foreign Service, entry into the gazetted category is currently only through Naib Subba. The subcommittee has not clarified how to keep it there.
On the gazetted side, the sub-committee has agreed on the provision of service entry to branch officers. There is a proposal to fill up 10 percent of the post of Deputy Secretary through open competition. It is said that the remaining 90 percent will be filled by promotion. It has been agreed to keep the system of filling the post only by promotion to joint secretary.
The sub-committee has directed the federal affairs ministry to come up with a proposal to move to a cyclical system to make transfers predictable. The sub-committee has also asked the government to come up with a proposal on how to keep the system of performance evaluation. Earlier, the arrangements for transfer and performance were kept in the regulations. A member of the committee has said that since employee unions, leaders and various power centers are maneuvering for transfers and promotions, they are going to make provisions in the law to make it predictable. He informed that the transparent method of performance evaluation is going to be arranged in the Act itself.
