# Justice Nagarathna Questions Accountability of Privileged Government Employees Supreme Court judge suggests contractual hiring to improve public sector efficiency and accountability. - **Source:** [mint - money](https://www.livemint.com/rss/money) - **Published:** 2026-11-06 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/bf0ae39e-7a6f-4982-83c1-7f29c236b3e6 ## Judicial Critique of Employment Supreme Court Justice BV Nagarathna recently characterized government employees as a privileged class during a hearing. The remarks emerged while the bench addressed a dispute regarding unpaid Dearness Allowance arrears for Punjab government staff. The judge questioned the current structure of public service, suggesting it lacks sufficient mechanisms for ensuring professional accountability. ## Proposal for Contractual Hiring Justice Nagarathna proposed that future government recruitment should shift toward a contractual basis to enforce higher performance standards. She argued that permanent tenure often diminishes the incentive for diligence, citing low daily output as a concern. This shift aims to align public sector productivity with the expectations placed upon private sector employees. ## Punjab Financial Constraints Dispute The legal battle originated when Punjab government employees challenged the state's failure to pay their allowances. The state government cited severe financial constraints as the primary reason for these delays. However, the court scrutinized this justification, noting that the state continues to allocate significant funds toward various welfare schemes and public freebies. ## Privilege Versus Marginalized Support The court highlighted a tension between state obligations to employees and the broader population. Justice Nagarathna observed that government servants represent a privileged segment of society compared to those relying on welfare. She emphasized that state resources, often diverted to freebies, are intended to support marginalized sections rather than solely sustaining administrative payrolls. ## Defense of Public Servants Senior Advocate Devadatt Kamat, representing the employees, argued that many government servants perform their duties with sincerity. He contended that the entire workforce should not be judged by the perceived shortcomings of a few. Kamat maintained that the state must consistently act as a model employer to uphold the rights of its staff. ## Litigation and Administrative Efficiency Justice Nagarathna countered the defense by suggesting that if government servants were truly diligent, the volume of litigation in the country would decrease. She implied that excessive legal disputes often stem from administrative failures or lack of responsibility. The judge suggested that structural changes in hiring could mitigate these systemic issues over time. ## Stay on Contempt Proceedings The Supreme Court bench, including Justice R Mahadevan, stayed the contempt proceedings initiated against the Punjab Chief Secretary. The court expressed disapproval of the arm-twisting tactics used against high-ranking officials regarding payment disputes. This interim relief prevents immediate legal action against the official while the broader financial and administrative issues remain under review. ## Broader Implications for Governance This judicial observation reflects a growing debate regarding the efficiency of public administration and the fiscal sustainability of state governments. By questioning the status quo of permanent employment, the court has signaled a potential shift in how public service accountability is viewed. Future rulings may influence how states manage their workforce and budgets. ## Sources covering this story - https://www.livemint.com/money/personal-finance/hire-them-on-contract-justice-bv-nagarathna-questions-lack-of-accountability-of-privileged-govt-employees-11793982353540.html — --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._