The Supreme Court has admitted a petition questioning whether public service employment can be “auctioned off” via the Government e-Marketplace (GeM) portal, potentially violating the Constitution.
A Bench of Justices P.S. Narasimha and Joymalya Bagchi issued a notice to the Union government regarding a special leave petition filed by the Dakshin Railway Employees’ Union.
The petition concerns the termination of 152 housekeeping assistants/sanitary workers.
These workers were initially appointed by the Railway Recruitment Cell based on statutory rules.
They served during the pandemic but were later replaced by outsourced workers hired via the GeM portal.
The terminated workers met the statutory criteria for age, qualification, and reservation policy.
Despite this, they were removed as contract employees.
Their replacements were outsourced workers who did not meet statutory criteria.
Supreme Court's Interim Direction:
The Court directed the Southern Railway to use the services of the housekeeping assistants, including the petitioners, wherever needed during the case’s pendency.
Constitutional Violation Claim:
The petition argues that engaging employees through the GeM portal violates the Constitution.
Public service posts governed by Article 309 cannot be outsourced via the GeM policy.
The policy of hiring through a tender process is "ultra vires" the Constitution.
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