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| SRO 215 of 2018 - discriminatory and malicious in nature | | | Jamwal Mahadeep Singh | 8/7/2018 11:16:11 PM |
| In order to settle certain controversies involving many representations, the government issues SRO's to address the issues. But generally it has been observed that such measures are taken without proper application of the mind and in a biased attitude and to confer benefits to a particular section of employees, having masters on political chairs and thereby interests of those employees who are not in a position to raise their voices are badly hit by such SROs. Similarly a controversy for the last more than ten years to settle the issues of seniority of Gazetted officers in between Dy. SP's of 1997 batch and 1999 batch over their claim of placing them as selection grade SPs, that had always been resonating the corners of the PHQ and Secretariat, was resolved by introducing the Non-Functional (Monetary) Scheme (NFS) for the members of the General Executive Cadre of the Jammu and Kashmir Police (Gazetted) Service applicable to retired officers also by issuance of SRO 215 of 2018 dated 18-05-2018 by the most condemned alliance government in J&K. The said SRO on its face settles the issue of seniority as well as placement of officers in Grade-II and Grade-I envisaged by SRO 93 dated 15-04-2007, with the stipulation that the said scheme will be given effect from 01-01-2018. But at the same time, the officers of 1997, who were main contestant in controversy and had been struggling for their due placement as Selection Grade SP with effect from 2007 and had reached their superannuation in due course of time, were denied the justice with the issuance of SRO 215 by way of implementing it from 01-01-2018. The order in question has aggrieved whole batch of 1979, recruited in the police as Sub Inspector, who by virtue of Honorable Supreme Court order were placed by Jammu and Kashmir Government vide its order no. Home-597 (P) of 2008 dated 04-09-2008 as Deputy Superintendant of Police with effect from 06-02-1997, in pre-revised Pay scale of Rs. 7500-12000, as Selection Grade Dy. SP with effect from 07-02-2002 in pre-revised pay scale of Rs. 9000-14100 and as Superintendant of Police with effect from 01-03-2002, in pre-revised pay scale of Rs. 1000-15200 with all consequential benefit. Subsequently the pay of all the officers (now retired) was fixed in pre-revised pay scale of Rs. 1000-15200 with effect from 01-03-2002 and in terms of SRO 93 dated 15-04-2007 in revised applicable pay scale in PB-3 (15600-39100) with Grade Pay as Rs. 6600/- with effect from 01-01-2006. All such officers were eligible for placement as Selection Grade SP in the year 2007 with monetary benefit as per verdict of Apex Court. The delay tactics adopted by government to finalize the matter ultimately came to a point of retirement of all those placed as Dy. SP in the year 1997. The matter still in agitation by the aggrieved for their claim as Selection Grade SP from the year 2007 and under consideration of the government but surprisingly in a bad manner, J&K government smelling its ouster, and in a hurried way to confer benefit to a particular section of officers, back stabbed the aggrieved fraternity and came up with SRO 215 of 2018 without settling the claim of the aggrieved officers. At the very face of SRO-215 of 2018 dated 18-05-2018, it is quite clear that an officer of JKPS (applicable to retired officers also) if continuing in revised Pay scale for four years is entitled to next higher Grade Pay in the same pay scale and similarly an officer falls due for next pay scale and Grade Pay applicable with the pay scale after continuing in old scale for four years. The placement of officers in the order dated 03-08-2018 is based on the same analogy but the SRO is bad in law owing to the reasons that without settling the claims of one senior section of the claimant, the juniors in the same category cannot be considered and benefitted accordingly. This also goes against the spirit of justice to dislodge an aggrieved without giving him the occasion to be heard of. The SRO in question is in contravention of 'Natural Justice' that is based on fundamental rule 'Audi Alteram Partem' (Latin for, hear the other side): no accused, or a person directly affected by a decision, shall be condemned unless given full chance to prepare and submit his or her case and rebuttal to the opposing party's arguments. The SRO has been issued arbitrarily in deciding the pending claim of Dy. SPs of 1997 promoted as SP in the year 2002, without affording any opportunity to hear their arguments in support of their claim. The contention of the aggrieved officers is limited to the date of implementation of SRO i.e. 01-01-2018, whereas it should have been implemented with effect from the date 01-01-2006, when new scheme of pay scale was rolled into practicability. The step motherly treatment has put all the aggrieved officers in mental agony and speaks of non application of mind at the appropriate level while issuing such SRO that is detrimental to meet the ends of natural justice. The claim of aggrieved officers now restrict to the extent of placing them in Selection Grade-II of Rs. 15600-39000 with Grade pay of Rs. 7600/- with effect from 01-02-2006 (after completion of four years with grade pay of Rs. 6600/-) and Selection Grade-I of Rs. 37400-67000 with Grade Pay of Rs. 8700/- with effect from 01-02-2010 (after completion of four years in Grade-II with grade pay as Rs. 7600/-) by modifying the date of implementation of SRO that will give a relief to retired fraternity in their pensions. Retirement benefits are the accumulated savings of a lifetime of service. Denial of the same is not only tantamount to denial of an individual's rightful property, but is also a violation of the human rights of the victim and their next of kin wherein their livelihood is affected.
Here it will not be out of proportion to script here that in the matter the role of Police Headquarters is also not to the mark as it has failed to project the genuine case for consideration to provide due benefit to JKPS officers retired from the department that highly speaks of welfare measures for its retired fraternity but appears to be below the table when some genuine cases are to be agitated before the government. This all signal towards the 'much ado about nothing'. Retired fraternity that is in last leg of their life has been made to suffer and to beg for the due benefit accrued by them by rendering their valuable services across the state and especially in militancy torn region of the valley. This all is because of those sitting at the helm of affairs and are not justifying their due responsibility in delivering justice to its citizenry and especially those at the concluding years of their life. It is high time for the government under Governor Rule to look into such cases of discriminatory SROs, issued by the previous political dispensation. We come across many cases where Apex Court have remarked that alleged unfair treatment meted out to several retired government servants in their old age is violation of justice system. |
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