Errors in compilation phase lead to run-time errors

Version Conflict

• General Administrative Department JK UT upholds the sanctity of Recruitment Rules but Joint Directorate Skill Development refuses to abide by.
• Version collision happens when multiple dependencies link to the same fact but use different versions. It is noxious and pernicious. It has a harmful effect, especially in a gradual or subtle way.

jj correspondent

Jammu, Aug 16: Why is not the Director Skill Development Department considering the directions of General Administrative Department while recommending the names of employees for promotion? Why have been two yard sticks adopted by the Director Skill Development Department in the cases of promotions? Why not the Director Skill Development Department trying to rectify the mistakes done in past instead of repeating itself? Why have not been the Recruitment Rules followed during making promotions by Director Skill Development Department? These are very serious concerns to be deliberated deeply by the Director Skill Development Department and to rectify the past mistakes and also to refrain from repeating the illegal mistakes in promotions. The promotions should be strictly as per the rules laid for promotions and any sort of violation would be counted on the part of Director Skill Development Department.
Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for posts prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive part. Recruitment Rules are subordinate legislation and so, they are statutory in nature.
“Rules of the game cannot be changed when the game started.”
The same is upheld by the GAD vide UO No. GAD- SERVOGENL/89/2022 Dated 14-04-2022 with the following advise/observation:
“The department is advised to consider the promotion of employees only in terms of the Recruitment Rules of the service…”
Actually this observation is related with the case of Aijaz Ahmad Kakroo, who was appointed as Junior Programmer vide Order No. 264 of 1991 Dated 01-04-1991 in Polytechnic wing of Technical Education.
Now Vide Govt. Order No. 50-JK (DSD) of 2022 Dated 26-05-2022 Principal Secretary to Govt. SDD makes it clear that the representation of Aijaz Ahmad Kakroo for promotion as Programmer, who was assigned the charge of I/C Programmer with charge allowance vide Govt. Order No.135- Edu (Tech) of 2010 Dated 04-10-2010, considered in light of Recruitment Rules is “found devoid of any merit.” It is in place to mention here that Director SDD had recommended his case for promotion/regularisation as Programmer on analogy of TPOs vide letter No. DSD / Poly /101 / e-411481/ 1888 Dated 31-01-2022.
When this is the case how is it made possible for one Nazir Ahmad Molvi, Vocational Instructor, Draftsman Civil, Govt. ITI Jammu that in violation to schedule ll C (Non Gazetted Recruitment Rules ITI wing) SRO 145, Dated 10-04-2002, when he is shown as Vocational Instructor, Draftsman Civil by the Joint Director Jammu vide his Order No. 22 of 2022 Dated 13-06-2022 on serial No. 31 of the Final Seniority List of Vocational Instructors in Promotion Quota borne on the strength of Vocational Instructors of Jammu Division as it stood on 01-06-2022, and prior to that forwarded his case for promotion as prospective candidate for Technical Assistant post to Directorate of Skill Development Department.
The Recruitment Rules are clear that under Promotion Quota of 25% a Workshop
Attendant belonging to the “relevant trade” (in his case it is ITI in Plumber/and Instrument Mechanic not Draftsman Civil) with 3 years experience as Workshop Attendant in “relevant trade” on the basis of practical test by a duly constituted selection committee of DPC, can be promoted to the post of Junior Instructor (Vocational Instructor).
On 25-03-2013, the official was regularised as Vocational Instructor Draftsman Civil by Establishment Section of the Directorate vide Order No. 251 of 2013 retrospectively from 15-07-2009, under the seal and signature of Director SC Sawhney, KAS but clearly in violation of Recruitment Rules. The Recruitment Rules governing SSR of Technical Education (SDD) on 15-07-2009, as quoted above stand as witness that the official was not eligible for the post on the basis of qualification of 3 years diploma in Draftsman Civil. Instead he is eligible on the basis of ITI in Plumber or Instrument Mechanic which is his relevant trade.
On the basis of this error at the compilation level, the run-time error occurred when vide letter No. DSD / 101/ DPC -2022/ 179-80 Dated 01-06-2022 issued by Deputy Director ( Establishment ) SDD, sh. Nazir Ahmad Molvi, Vocational Instructor, Draftsman Civil, ITI, Jammu, has been shown as a prospective candidate to be placed to the next higher post on promotion. The same is the case with Riyaz Ahmad Shah, existing on serial no. 06 in above quoted letter who was appointed in absence of Recruitment Rules in his favour. The qualification for the post is shown in SRO 145 of 2002 as Matric + ITI. The incumbent does not possess this qualification.
Now, Director Skill Development Department has to take corrective measures as per the rules, in the interest of the employees, who are effected directly or indirectly, by such malpractices in the personnel section of the Department and demote Nazir Ahmad Molvi, Vocational Instructor, Draftsman Civil, Govt. ITI, Jammu to the post of Workshop Attendant and fix his seniority there in light of Recruitment Rules, SRO,145 of 2002 and also in light of the directions of the Central Administrative Tribunal in OA No. 107 / 2022 titled Aijaz Ahmad Kakroo vs UT of JK and others.