- Disesteems citations of authority bluntly.
- Abuses Central Compassionate scheme and other Acts.
RC Sharma Chanakya
Jammu, Dec 22: The mechanism, process, institution, practice or norm that supports the equality of all citizens before the law, secures a non-arbitrary form of government and more generally prevents the arbitrary use of power, is known as rule of law in common parlance. In general, the rule of law implies that the creation of laws, their enforcement and the relationships among legal rules are themselves legally regulated, so that no one – including the most highly placed official – is above the law. The legal constraint on rulers means that the govt. is subject to existing laws as much as its citizens are. Thus a closely related notion is the idea of equality before the law which holds that no “legal” person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions.
In Skill Development Department JK UT, all these things are missing and special treatment is given to some on the cost of the others’ legal rights.
The Govt. Women ITI Seer Hamdan, Anantnag, JK was sanctioned under Prime Minister’s Reconstruction Program, along with other 8 Women ITIs in JK in 2005. It was housed in a private building for 2 years till it was shifted to newly acquired premises and quarters. The sanction to the creation of the posts for utilization in the Industrial Training Institute came on 04-10-2005 vide Govt. Order No. 132-Edu-Tech of 2005, along with other new Women ITIs. Among other posts 1 number of Chowkidar/2 Orderly/ 1 Safaiwala were created for Women ITI Seer Hamdan.
In 2010 vide order Nos 1018, dated, 05-02-2010 Safaiwala was recruited and vide Order No. 1063, dated, 16-02-2010 Chowkidar was recruited on Substantive post on compassionate (Militancy Related) grounds, by Director Technical Education (Skill Development).
Then the duty of the appointed Night Chowkidar was changed to day-hours vide Directorate Order No. DTE/Estt/101/ITI Seer/2017/719, dated 12-06-2017. Before that Sweeper appointed on Substantive Post in ITI Seer Hamdan was transferred to ITI Anantnag, vide order no.101 of 2017, dated, 16-02-2017 against an Orderly post attached from ITI Kulgam to draw the salary of the transferee.
On 13-06-2018, vide order no. 512 of 2018 Night Chowkidar at ITI Seer Hamdan was now transferred to ITI Anantnag to draw salary against any class IV post available there and the Principal was specially directed by the Director to utilize services of the Night Chowkidar for day-hours only. It is in place to mention here that rule 16 of Compassionate Appointment Scheme prohibits change of post of compassionate appointee after the joining of the post. It says in Rule 16 under sub-title: “Request for change in post/person,” “when a person has been appointed on compassionate grounds to a particular post, the set of circumstances which led to such appointments should be deemed to have ceased to exist. Therefore, (a) he/she should strive in his/her career like his/her colleagues for future advancement and any request for appointment to any higher post on considerations of compassion should invariably be rejected.” So, in light of the transfer of the Compassionate appointees to other offices on other than the allotted posts and with change of status by assigning them the tasks other than the ones actually appointed for, is dis-esteem to citations of authority and abuse to Central Compassionate scheme.
(To be continued)
