Kolkata: The West Bengal government has assured the Calcutta High Court that no punitive or coercive action will be taken against government employees who choose not to participate in the International Day of Yoga celebrations. The state government clarified on Friday that participation in the event is not mandatory, leading to the dismissal of a petition filed by the state coordination committee of government employees.
Petition Challenging Yoga Participation Order
The state coordination committee, representing 39,000 employees, had approached the single bench of Justice Amrita Sinha. The employees' lawyer, senior advocate Bikash Ranjan Bhattacharyya, argued: "I (employees) do not want to perform yoga at all. It’s not about which place. The government cannot force me to do something which I don’t want to. This should be optional."
Government's Clarification
Additional Advocate General Billwadal Bhattacharya submitted that an instruction sent on June 18 by the OSD and under secretary to the state government clarified that the June 14 order was a general appeal to all public servants to participate in the official function. He stated: "This 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."
Court's Decision
Considering the government's submission, the Calcutta High Court dismissed the petition. Justice Sinha remarked: "This litigation was not required." In response, Bhattacharyya said, "You know the vindictive nature."
Background of the Dispute
The point of contention was the June 14 order whereby all departments were "requested" to register on the Yoga Sangam portal and participate in the International Day of Yoga programme. The state coordination committee had moved the High Court against this directive.
Government's Perspective
The AAG on Thursday submitted: "It’s a programme by the United Nations General Council. The world is headed by India. It is being headed by Kolkata, which is the epicentre. It’s a message which is being conveyed that the government is concerned about the health and welfare of the citizens."
Separate Petition on Road Closure
In another petition before Justice Saugata Bhattacharyya on Thursday, an advocates' association had moved the court against the closure of Red Road for vehicular movements from June 14 to June 21. The High Court directed the police authorities to provide alternative routes for these association members and city dwellers travelling to Calcutta High Court or surrounding areas. Justice Bhattacharyya questioned the state on why the programme was not being held at the Brigade Parade Ground.
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