Nepal | April 01, 2020

‘Province 2 won’t accept FPSC-recruited staff

Ram Kumar Kamat

Kathmandu, August 10

Province 2 government has warned it won’t accept the federal government’s recent decision to recruit 9,161 employees in local governments.

Federal Public Service Commission has already conducted written exams for recruitment of 9,161 local level employees as per the FPSC notice published in May for recruitment of 9,161 civil servants in 515 local levels. The Ministry of Federal Affairs and General Administration had instructed the FPSC to recruit local level employees.

Province 2 government’s warning shows it is on a collision course with the federal government over multiple issues.

Recently, Province 2 government sued the federal government over its decision to bring Sagarnath Forestry Development Project under the latter’s jurisdiction, Minister of Interior and Law of Province 2 Gyanendra Yadav told THT over phone from Janakpurdham that the provincial government would not accept the federal government’s decision to recruit employees in local governments as that was under the jurisdiction of the provincial government. “We have passed the Provincial PSC Bill and soon we will start the employees’ recruitment process after forming the PPSC. Article 302 states that recruitment of new employees in the province is under the provincial government’s jurisdiction,” he said.

Yadav said that in the first phase, Province 2 government would try to recruit 5,000 employees, including 1,000 police force. “The federal government is forcing its decision on the provinces. We cannot accept that. If the federal government sends new employees to the local governments, we will not accept them,” Yadav said.

Chief Attorney of Province 2 Dipendra Jha said the FPSC’s move to recruit 9,161 employees was against Article 302 (2), 227 and 244 of the constitution.

He said if the FPSC wanted to settle the recruitment row amicably with Province 2, it could still ensure inclusion while issuing the final results of the advertised posts.

Jha said it was the provincial governments’ jurisdiction to make provisions of service and conditions of the 9,161 staffers who were going to be recruited.

As per Article 302, adjustment of civil servants can happen in the three tiers of government only from among employees that existed at the time of promulgation of the new constitution, but all new employees of lower tiers of government should be governed by the PPSC, he argued.

Jha said as per Article 227, the provincial law provisions the terms and conditions of the members of village and municipal assemblies and their employees. The Federal government had said that it was within its right to recruit employees in the local levels as provincial PSCs had not been formed.

A version of this article appears in print on August 11, 2019 of The Himalayan Times.

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