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| Transport deptt illegally promotes ministerial staff as MVIs | | | Ishtiyaq Ahmad
Early Times Report
Srinagar, Nov 17: In a brazen violation of the rules, the Transport Department is resorting to illegal promotions of ministerial staff to the post of Motor Vehicle Inspectors (MVIs).
A legal notice served to Commissioner Secretary Transport, which is in the possession of Early Times, reads that the Transport Department has been time and again resorting to illegal promotions of ministerial staff to the post of MVIs, which is a technical post. "Authorities promoting their favourites from ministerial staff in flagrant violation of the act and rules," the notice reads.
Other relevant documents are also in the possession of Early Times.
According to the legal notice and the documents, the qualification prescribed under the rules for the post of MVI is diploma in automobile engineering/mechanical engineering; at least 5-year experience in any recognized institution of state transport undertaking. "But the illegal promotions of the ministerial staff is on from last so many years," the documents reads.
It has been pointed out that the deliberate categorization of the post of MVI, in two categories, viz. MVI (technical) and MVI (survey) was in violation of the J&K Transport sub-ordinate service recruitment rules, 1974 promulgated vide SRO 297 of 1974, hereinafter referred to as rules of 1974, which provided only one category of motor vehicles inspector.
"The said categorization is against the rules of 1974; the same were earlier ordered to be re-designated as motor vehicles inspector by the government in 1990 vide order no.03 of 1990 dated 18th January, 1990, in compliance to the statutory order no.443 dated 12.06.1989 issued by the central government which also prescribed certain requisite qualifications for the appointment to the said post of MVI," the notice reads.
Whereas the order was challenged before the High Court in SWP no.184 0f 1990 and an interim order was passed to the effect of prohibiting the operation of the impugned order (no.03 of 1990) thereby resulting in its non-implementation.
In 2000, the High Court dismissed the above mentioned writ petition vide order dated 30.05.2000 and also vacated the interim order.
However, the Transport Department time and again resorted to illegal promotions of ministerial staff to the post of MVIs who did not possess the requisite qualification, the notice said.
It has been mentioned that between 2001 to 2005, Mohammad Shafi Najar, Abdul Ahad Yatoo, Shammi Kumar, Mohammad Saleem and Rattan Singh figuring at serial no's 4 to 8 of the seniority list dated 25.03.2011, were promoted to the post of MVIs from ministerial staff.
Again in 2007, Nimi Wali, Akhter Mohi-Ud-Din, Latief Ahmad, Zahoor Ahmad, Shabir Ahmad, Mohammad Ashraf Wani, Madan Lal, Jaswant Singh, Jai Krishan figuring at serial no's 23 to 31 of the seniority list dated 25.03.2011, were promoted from the ministerial staff against the direct recruitment quota of MVIs which was completely illegal as at that time as the same was against rules. Also, there were no posts lying vacant as the same had already been referred to the Service Selection Board and subsequently people were appointed against these direct recruitment posts.
Thereafter their promotion came to be challenged before the High Court in SWP no.1792 of 2007 in which the department had taken the stand that they have been promoted against the said posts of MVI survey for which provision has been kept in draft recruitment rules to the effect of 50% by promotion and that there is a difference of services between the MVI technical and MVI survey.
It has been mentioned that prior to these promotions, a lot many similar illegal promotions were made by the department, and in view of the seriousness of the mater, the government placed the matter before a high level committee constituted vide order no. 1090-GAD of 1996dated 15.11.1996.
The committee in its meeting held on 08.08.1997 considered the issue and recommended that MVI (survey) is an executive post and the officials posted in ministerial cadre shall not be made eligible for promotion to such executive posts.
Also it was recommended that the posts of MVI (survey) be thrown open for direct recruitment as there was no hierarchical set up in the executive line to fill up these posts and the qualification of MVI (TECHNICAL) was advised to be same for MVI (survey). Also the merger of the two posts was recommended in terms of government orders.
Whereas it is pertinent to mention here that the government had earlier in the year 1990 and later in 1997 decided and reiterated that the posts of motor vehicles inspectors need to be filled up 100% by direct recruitment meaning there by that the department had been effecting promotions against the decisions of the government and the recommendation of the high level committee as well.
The notice reads that till the year 2009 in which another government order no.90-TR of 2009 dated 23.11.2009 was issued merging the two posts of MVI (technical) and MVI (survey) and re-designating the same as motor vehicles inspector.
Whereas the government in terms of SRO 263 of 2012 also, which amended the rules of 1974, the mode of recruitment has been made direct recruitment only.
It said that in terms of the SRO and the statutory order no.443 dated 12.06.1989 issued by the central government, promotion of ministerial staff to the technical post of motor vehicles inspectors is not permissible.
The notice said that in the year 2009, the government vide order no.90-TR of 2009 dated 23.11.2009 issued a joint seniority list of the MVIs both technical and survey and objections to the same were invited. However, the persons promoted for ministerial staff were not included in the seniority list as there were no posts lying vacant as has been mentioned here in above.
The notice further reads that the promoted persons, besides others, filed a various objections and in order to address the mater, the government, vide order no.56-TR of 2010 dated 09.09.2010, accorded sanction to the constitution of committee to consider the clam / objections raised by the MVIs of the motor vehicles department viz a viz the tentative seniority list of the MVIs issued vide government order no.90-TR of 2009 dated 23 .11.2009 so as to finalize the seniority list.
The committee has made it clear that the promotions made by the department against the posts of MVI survey from ministerial cadre, being in violation of the government orders.
The notice said that the committee pointed that if the government would allow such promotions, then a syllabus in consultation with technical education department for their training course to be completed within a minimum period of six months and a police training of one moth was also recommended.
However it said that said promotees of ministerial cadre have not till date made an effort to impart and seek the said training, their inclusion in the seniority list is therefore completely against the government order and recommendations of the high level committee.
The notice further said that till the promotees do not acquire the requisite qualifications, they would not be entitled to hold the post of MVI and as such would not have a place in the seniority list of the MVIs.
The legal notice said that in view of the above facts, the joint transport commissioner J&K Jammu had ordered the constitution of a committee vide order No 23 TC of 2015 date 23.01.2015 in order to decide the seniority of one, Latief Ahmad, who presently figures at serial No 25 of the seniority list dated 25.03.2011.
The notice said that the purpose for the constitution of the said committee is illegal on the face of it is clear that it has been order to achieve some illegal and vested interest, and such an act is a misuse of power.
The notice said that Latif Ahmad, besides all others has not completed the requisite training and also that the present Joint commissioner J&K, Jammu was the convener of the committee constituted vide order no 56 TR of 2010 dated 09.09 2010 in which the recommendations to impart training to the promoters of ministerial cadre was made and their placement at the tail end that too post successful completion of the training was made.
"Thus no point is made out why the constitution of the committee is ordered. It is apparent from the composition of the committee that the same has been ordered in furtherance of the oblique objective," the legal notice reads. |
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