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news details
Successive Govts violate SC judgment on streamlining employees' cadre management
2/6/2019 11:09:15 PM
Akshay Azad
Early Times Report
Jammu, Feb 6: The successive state governments have been violating the Supreme Court (SC) judgment on the streamlining of gazetted/non gazetted employees' cadre management for the last over 19 years by denying equal share in the promotions to promotee employees, against their allotted share.
Due to the failure of successive governments to implement the SC judgment, the promotee employees have been denied their share in promotions as they have got merely 100-125 posts out of their allotted share of 370 posts while the Kashmir Administrative Service (KAS) officers have surpassed their share of 370 posts and have been holding more than 400 posts.
According to sources, the Supreme Court in Civil appeal number 3034 of 2000 (Arising out of SLP (Civil) No. 4744 of 1999) case titled Suraj Parkash Gupta and Others vs State of J&K and others had delivered a 37 page judgment directing Jammu and Kashmir government to streamline the employees' cadre management.
In response to SC judgement of 1999, the then state government constituted a High Powered Committee (HPC) which submitted its report to government and GAD issued an order number 107-GAD of 2002 dated 16/1/2002 while accepting the recommendations of the HPC based on cabinet decision number 186/15 dated 27/12/2001.
The 107-GAD of 2002 reads, "It is hereby ordered that the guidelines contained in the Annexure of this order shall be strictly followed for proper cadre management of all the gazetted and non-gazetted services".
Sources in the civil secretariat informed Early Times that for the last 19 years the successive governments have been openly violating the SC judgment on cadre management by diverting the quota instead of restoring the same in consonance with SC judgment.
"Earlier the total duty posts were 690 but 50 more posts were created to streamline the cadre posts but violating the SC judgment again, the state government again filled these newly created 50 posts by promoting the direct recruited KAS officers in own pay and grade rather than promottees", sources said.
They further informed that out of total 740 duty posts of officers, 370 were meant for direct recruited KAS officer and 370 were for promotee employees.
"Out of 370 posts for promotee employees, 26 slots fall in JK Gazetted Service-I out of which only two promotees are there. Whereas in JK Gazetted Service-II, there are 29 slots for promotee but only 13 are in position while 16 are vacant", they said, adding that similar was the case in remaining 16 services.
They further said that one day back, once again the state government promoted Junior Scale KAS officers in Time Scale of JK Administrative Services by giving 40 posts to them, while promotee employees were given merely 13 posts.
"Despite clear SC judgment, the successive state government had violated the judgment and same has been going even today, which was totally unfortunate. The Governor must initiate an enquiry", an employee said.
Commissioner Secretary to GAD Hilal Parray said that a committee has been constituted which would ascertain the details.
On being asked if the promotion of KAS officers was in violation of SC judgment, he said that it was a separate matter.
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