The Bengal government informed the high court on Friday that participation in International Yoga Day is not mandatory for government employees.
Following the clarification, Justice Amrita Sinha disposed of a petition filed by the Employees’ Union Coordination Committee, which had challenged what it described as an order compelling all government employees to participate in the June 21 programme.
Prime Minister Narendra Modi is scheduled to lead the main yoga event on Red Road on Sunday, scheduled to begin at 6.30am.
Justice Sinha noted that the government’s submission, made by additional advocate general Billwadal Bhattacharya, said that the chief secretary’s order was a general appeal to public servants to take part in the official function.
“The above order is not mandatory in nature, and no punitive or coercive action was either contemplated or incorporated in the order in case of failure to attend due to personal reasons,” the judge recorded.
Based on this, Justice Sinha said the petition was not needed.
On Thursday, senior advocate Bikash Ranjan Bhattacharyya argued that the chief secretary had no jurisdiction to compel all government employees to attend Yoga Day celebrations. Justice Sinha then directed the state counsel to return with instructions on Friday.
The chief secretary’s order had directed state government employees, “including permanent, contractual, part-time, daily-wage/casual workers, outsourced personnel, personnel engaged on honorarium basis of the State Government, PSUs, autonomous bodies, and local bodies” to perform yoga early Sunday morning at Red Road, Milan Mela, government offices or their homes. “All Heads of Departments, Divisional Commissioners, District Magistrates, and other Heads of Offices shall ensure participation of all personnel as detailed above without fail,” it stated.
Later on Friday, the coordination committee uploaded a video on social media in which Bikash Bhattacharyya said the clarification came after the government realised the order was not in accordance with the law.
“The order was unconstitutional. The moment the petition was filed challenging the concerned officer’s jurisdiction to impose such a mandate, the state government backtracked, suggesting theorder was not binding on all government employees. But the judge wanted a written undertaking,” Bhattacharyya said.
“Today, the state gave it, saying participation was not compulsory and no punitive action was contemplated (against those who did not take part). If so, then a short notice would have sufficed. One that said the government was hosting a programme and would be happy if employees participated. There was no need to issue a detailed order asking everyone to attend. However, good sense has prevailed. Better late than never,” he added.