April 17, 2019:
Madras High Court has observed that a government servant cannot refuse to get Aadhar Card if the Government requires the use of Aadhar for any work through service rules or service conditions.
A bench of Justice SUBRAMANIAM has passed the order in case titled Mrs.R.Annal vs The State of Tamil Nadu on 15.04.2019.
A government school teacher challenged the introduction of Aadhar Enabled Biometric Attendance System The contention of the writ petitioner is that she has not enrolled herself under the Aadhaar(Targeted Delivery of Financial and Other Subsidies, benefits and Services)[hereinafter referred to as “the Aadhaar Act”]. Thus, the petitioner is not possessing an Aadhaar Card or Aadhaar Number. The petitioner has not enrolled her identification under the Aadhaar Act as the same is not mandatory. The belief of the writ petitioner is that in the event of enrolling her details under the Aadhaar Act, the same will cause infringement of her Fundamental Rights guaranteed under Part III of the Constitution of India.
The High Court observed “As far as the Government servants are concerned, the Government of Tamil Nadu, being an employer is empowered to introduce the policies or schemes in order to develop the efficiency in public administration. The individual particulars of the public servants are certainly required as far as the Government servants are concerned. The Government servants are performing the public duties and responsibilities and they are the representatives of the Government. Thus, collecting the individual particulars and identification as far as the Government servants are concerned, cannot be construed as violation of the Fundamental Rights ensured under the Constitution of India”.
It further observed “The concept of public employment in the Government is of contractual in nature. The Public servants while accepting the offer of appointment, made a declaration that they will abide by the Service Rules and other conditions imposed by the Government of Tamil Nadu for the betterment of the Administration”.
It also observed “The details of the public servants are very much recorded in Service Registers also. The identifications are also available. In order to ensure better system to secure prompt attendance of these Teachers and Non Teaching staffs in Government Schools, the Government thought that Aadhar Enabled Biometric Attendance System will be of greater support to monitor any indiscipline or otherwise, if any by the Teachers and non-teaching staff working in Government Schools. In a growing indiscipline amongst the public servants, it necessitated the State Government to introduce such technology for the purpose of improving the efficiency level in the public administration”.
The High Court finally held “Thus, it is very much relevant to state that when the tax-payers money are being paid by way of salary to these Teachers, they are bound to be regulated by the State and their discipline and activities are also to be monitored with reference to the Service Conditions, Conduct Rules and other statutes. The writ petitioner cannot go and say that she has got a Fundamental Right in respect of disclosing her personal identity. If so, the only option could be to get relieved from the service. In the event of willingness to continue in public service, they are bound by the Service Rules and the policies introduced by the Government for the improvisation of the Scheme of Education as well as the discipline and decorum in Government Schools and Educational institutions”.
Read the judgment here:
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