HC frowns over TN G.O. allowing govt employees to work abroad

The Madras High Court today took a serious view of a 1991 Tamil Nadu government order permitting its employees to work in private companies outside India after securing leave, and posed questions on the validity of the order.
A bench comprising justices N. Kirubakaran and R. Tharani directed the government to state how many employees had used the G.O. No.196 of May 20, 1991 to go abroad and how many had rejoined after returning.
The court was hearing an appeal by the government against the order of a single judge directing it to consider the representation of a deputy tahsildar for a notional promotion as deputy collector after working abroad for three years.

The bench wondered on what basis such a G.O was issued.
"When there was unemployment problem in this country, how can the government allow an employee to leave the country for three years. When an employee is abroad, would it not affect the local administrative job.
"The post will remain vacant for so many years and it could not be filled till he returned and rejoined. All this was against public interest," the judges said.

They also impleaded the state secretary (personnel and administrative reforms) and the labour secretary suo motu and asked them to reply.
They posted the matter for hearing on February 15.

The judges wanted to know how the government order was valid. "While the government had the right to depute a person for foreign duty, how could it allow an employee to go on leave and work in a foreign private firm," the bench asked.
"Does that not mean he is having a job here and work in a foreign private firm also," the bench asked.
The judges asked how many people were granted permission to work in foreign private firms and how long an employee was permitted to work.