Directorate Skill Development crosses red line

Ultra vires !

• Q Makes appointment against govt. orders by duplication of work.
  Q Squanders Local Fund claiming proprietary right, literally.

jj correspondent

Jammu, May 28: Ultra vires, is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is intra vires. Acts that are intra vires may equivalently be termed ‘valid’ and those that are ultra vires termed ‘invalid’.
And recruitment is the overall process of identifying, sourcing, screening, short listing and interviewing candidates for jobs within an organization. So, 7 steps of recruitment process can be categorised as : a) identifying the hiring needs, b) prepare job descriptions, c) devise recruitment strategy, d) screen and shortlist candidates, e) conduct interviews, f) evaluate and make the offer, g) board the new employee.
In Skill Development Department Baba Adam is quirky. Officers here behave in a way and have qualities that are unique to them and that set them apart from others. They are playfully fanciful and behave in a capricious manner. They showcase their whimsical arbitrariness. They seem to be determined by chance or impulse or whim rather by necessity or reason. It may be concretized by the following example with apt proof.
Ex. Director, Skill Development Department, Shabnum Shah Kamili, K A S on 03-07-17 vide Order No.502 of 2017 made engagement of Miss Aneesa Akhter on IDF basis as Helper at ITI Budgam and the order was issued vide No: DTE/101/923-26. It is an ultra vires. She is not authorised to do it. Govt. Order No 46-Edu ( Tech ) of 2006 dated 27-04-2006 reads :
” Consiquent upon the recommendations of the Empowered Committee constituted vide Govt. Order No 26- F of 1994 dated 31-01-94 in its 205th meeting held under the Chairmanship of Commissioner/ Secretary to Govt. Finance Department on 28-12-2005, sanction is accorded to the creation of 11 temporary posts of Helpers in the pay scale of Rs. 2550-3200 for regularisation of equal number of daily rated workers…” Further, the order reads: “The order so issued shall however be subject to following terms and conditions: a) The post created ( Helper ) shall not be utilised except for the purpose referred to therein.These posts shall also get reduced once the incumbents holding the said posts are elevated/adjusted on regular posts or upon their superannuation from service…” Thus the post of Helper, Miss Aneesa Akhter is engaged against is non-existent one/or can not be created or utilised by the Director and the incumbent has never been a daily rated worker, to be eligible to get regularised as Helper.
Secondly, no recruitment process in the case of incumbent engaged vide above quoted order is followed.
Thirdly, Institutional Development Fund ( I D F ) is solely for the development of the institution used in minor works like maintenance of wash rooms, gardens, workshops/exhibitions/seminars, admission process and awareness, establishment of smart classes and the like that too by the permission of Advisory Approving Committee. It is said with reference to Govt. Order No.02-JK (DSD) of 2022 dated 04-01-2022 about rules and procedures for utilisation of IDF, and this fund is in no way for engaging the kiths and kins or the ones against bribes through vendors. If for discussion sake she is to be treated as engaged on need basis but after 17-03-2015 i.e when process to make such engagements were withdrawn vide Govt. Order No.43-F of 2015, dated 17-03-2015, read with corrigendum issued vide No. A/ Miss/2015/391dated: 20-03-2015, the act is an ultra vires.
What is more interesting about the case is that vide letter No. ITI/Bdg/2018/195-96, dated 13-06-2018, by the Principal ITI, Budgam, she is declared surplus. Her need is negated at ITI Budgam but Director concerned shifts her to ITI Charisharief, vide order No. 513 of 2018, dated 14-06-2018 and she is relieved on 18-06-2018 A/N from Budgam to ITI Charisharief, obviously under some irresistible pressure.
If her need was not required at ITI Budgam, how and why she was shifted (transferred) to ITI Charisharief and under what compelling conditions incharge Superintendent ITI Charisharief accepted her services when he had not expressed any need of such need basis worker, earlier. Moreover, if he did not have funds available for remuneration of the worker, why he accepted her on the condition that her payment of remuneration will be from ITI Budgam as is evident by his number of letters like ITI/Ch-Sh/Estt/515, dated: 04-07-19, regarding the matter.What essential and emergency nature work was assigned to the incumbent that could not be performed by or assigned to any one present on the permanent establishment. It appears that there was something more behind the scenes that meets the eye, between the incharge superintendent Charisharief, the incumbent and the Directorate of SDD.
The data available with the Jammu Jottings, provided by the reliable sources, reveals that there is a certain percentage of employees who have been appointed committing an act of ultra vires the officers in the Skill Development Department as has been written about a number of times through different publications of the news paper and even fact-finding committees were constituted twice by the govt. regarding the same. Some are in the office on fake engagement orders and some have no initial appointment orders at all. Some have changed the cadre and some have concealed the information from the offices. Some are engaged on IDF and then allotted a post from permanent establishment, some have bogus appointment orders and some have dubious credentials. Some in-genuine-
cases have been given cover under Act 2010 ( for adhoc, contractual, consolidated ) and got regularised through the empowered committee and some genuine cases have been ignored, willfully. As such, it would prove favourable in the interest of the general public to constitute a media-cell, like in education department, for wiping out the illegal appointments. Now the matter is also given a weightage by the people at helm of affairs as the Chief Secretary JK seeks details of backdoor appointments w.e.f. 2010 to 2023 vide order dated May, 25, 2023.