Skill Development Department makes promotion to selected lot

Double Standard!

• Illegal promotion offends 55150 peers in JK.
•  Feels reluctant for rectifying violations.

jj correspondent

Jammu, Jun 04: Article 13(1)(a) of the constitution defines “law” as including any Ordinance, Order, Bye-law, Rule, Regulation, Notification, Custom, or usage having in the territory of India the force of law. Rule under law requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, avoidance of arbitrariness and procedural and legal transparency. Violation, on the other hand means the act of doing something that is not allowed by a law or rule.
The government of JK In the past engaged persons on a daily wage basis in various departments, who were paid on muster rolls. For the regularisation of such Daily Rated Workers the state government constituted Empowered Committee to consider the creation of temporary posts under Order No. 26-F of 1994, dated, 31-01-1994. In 209 meetings, EPC held from time to time, 55156 temporary posts in the scale of 2550-3200 in various departments were created. These newly created posts were ‘christened’ as “Helpers” to impart a distinct identity to this transitory category of posts. The number of purpose-specific- posts of “Helpers” was to diminish with the passage of time as the incumbents were required to be adjusted against the substantive establishment of the concerned department against clear class IV vacancies becoming available in course of time at regular intervals, as such, vacancies were not available for direct recruitment till the whole lot of such workers was adjusted.
In Skill Development Department a particular number of Helpers who were required to be adjusted against class IV vacancies as per Govt. Order No.26 -F of 1994 dated 31-01-94 were adjusted on higher post of Junior Assistant, thus violating the said Govt. Order. To name a few, B A Khan, vide Order No. DTE, 965 of 2007, M Rafiq Lone, DTE 759 of 2007, Mohd Fateh Sheikh DTE 965 of 2007, Hilal Ahmad Badyari (N A), Ab Rashid Hajam, 447 of 2006, Gh. Nabi Lone, 447 of 2006 were adjusted as Junior Assistants by the Directorate. The aggrieved lot of Helpers narrate that through different personal and written representations the violation made by the Directorate SDD was brought under the notice of Administrative Department and as a result Govt. Order No. 55 Edu Tech of 2013, dated, 08-03-13 was issued and relevant part is reproduced here, “In respect of ITI sector the incumbents who have already been brought to the regular establishment from time to time illegally without the prior approval of Adm. Department/Finance Department, their orders are hereby kept in abeyance with immediate effect and all those cases shall be brought before the (nominated) Committee by Directorate of Technical Education. This order was issued under No. Edu/Tech/poly/38-2010, dated 08-03-2013. but was not implemented at all and the favoured lot continue on their illegally acquired positions with all the monetary benefits attached to the post upto the extent of getting in-situ promotion and occupying a post from permanent establishment unauthoritatively.
The matter was reported to the daily “Jammu Jottings” and news item titled, “Helpers of SDD narrate a tale of woe” got published on July 12, 2022 and then on July 20, 2022 again along with Order No. 55 Edu, Tech of 2013, dated 08-03-13. But till date the Directorate feels reluctant to rectify the wrong doings. The aggrieved Helpers are aghast to think that what special profile the Helpers, favoured illegally, have over others when neither seniority nor norms were adhered to in their case.
The aggrieved Helpers now feel hopeful that justice will be delivered to them as the govt. issued an order under No. 42 JK ,DSD, of 2023, dated, 26-04-23, under subject “Rectification of the pay scale of Drawing Instructors, ITI Sector” wherein sanction is accorded to the upgradation of Grade Pay from Rs.4200, (pre-revised) to Rs.4210, (pre-revised) in respect of 13 Drawing Instructors appointed vide Order No 136 of 2019, dated, 28-02-19 and 137 of 2019, dated, 28-02-19 and reduction in the Grade Pay from Rs 4280, (pre-revised) to Rs.4210, (pre-revised) in terms of SRO 145 dated 10-04-2002 in respect of Drawing Instructors of ITI sector who have regularised vide Govt Order No.109 Edu (Tech) of 2014, dated 16-05-2014 and Govt Order No. 90 Edu (Tech) of 2018, dated 24-07-2018. In addition to that the Directorate is ordered that the excess pay drawn by the Drawing Instructors shall be recovered from their salary and a note be recorded in their service books. The Principal Secretary to Government SDD is as such requested to redress the wrong doing done to Helpers, on the same lines, so that justice is not only done but seen to be done.