Daya Sagar
Press release issued by Information Department Government of UT of J&K on 16th June was in reference to the 15th June decision (no fresh appointments will be made under SR0 -202 of 30-06-2019 and a probation period of old SRO 202 appointees reduced to 2 yrs ) of the Administrative Council of the UT. The release among other things said that government had under a special recruitment drive identified 7052 Class IV posts& notified a new set of rules vide SRO 184 dated 04-06-2020 ( the Jammu and Kashmir Appointment to Class-IV (Special Recruitment) Rules, 2020 to fast track the recruitment process and these rules too have also been amended wherein SRO 202 will not be applicable.to these appointments.
To a great relief simple and innocent people, it was said in the release that valuing the long pending genuine demand of the currently serving employees recruited under SRO 202 whereas per the decision of the Administrative council the five year period of probation as defined in Rule 8 of SRO 202 for old employees has been reduced to two years and hence as a consequence the (such) SRO 202 appointees shall now be eligible to get all benefits in fixation of pay, increments and allowances from 1.07.2020 since it appeared as if as regards the already employed government is deferring the financial burden till 01-07-2020 and new recruitments against most of the new appointments were likely to be after 01-07-2020 only.
Of course, the Government press release also informed the people in general and the already appointed /aspirant youth that (i) Suitable orders and instructions shall be issued to the recruiting agencies by the GAD and (ii) To streamline all future appointments, the Jammu and Kashmir Probationer (Condition of Service, ay and Allowances) and Fixation of Tenure Rules, 2020 are going to be notified separately. Hence on the face of it the disclosures were bound to draw widespread appreciations for the Lt Governor Mr. G.C Murmu.
Of course, in terms of the government press release of 16 June read with the official press release of UT of J&K made through 15th June tweet {as tweeted by Mr. Rohit Kansal Principal Secretary on 15062020 @kansalrohit69 “Administrative Council chaired by LG Sh. G C Murmu takes a historic decision.
No fresh appointments under SRO202. Probation period of old appointees reduced from 5 to 2 years. A massive step toward employee welfare.” did necessitate for the government to also formally issue well speaking new/amended orders in relation to discarded/revoked SRO-202 and S.O 184 of 04-062020 ( The Jammu and Kashmir Appointment to Class IV (Special Recruitment Rules ) 2020 that too had some derivatives of SRO-202…It was now the new the Jammu and Kashmir Probationer (Condition of Service, Pay and Allowances) and Fixation of Tenure Rules, 2020 and other terms of appointment/services that was to be put in place replacing SRO-202 keeping in view that the socio-economic interests of the new appointees are not unfairly hurt and undue exploitation by irrational/ unfair conditions as regards n terms wages/allowances/release of increment during the probation period have to be removed since the main issue that was hurting the genuine interests of aspirants / those already employed under SRO-202 was irrational rules 9 and 10 of SRO -202 that denied regards payment of normal allowances as due appointees of substantive posts and earning of annual increment during the probation period. And the press release of government as of 16 June did send affirmative signals.
But to the great surprise of reasonably observing minds and the stakeholder the Notification SRO 192 of 17- 06-2020 06-2020 (Jammu and Kashmir Probationer – Condition of Service Pay and Allowances and Fixation of Tenure Rules 2020), Notification S.O 193 of 17-02-2020 ( Amendments in the Jammu and Kashmir Appointment to Class-IV Special Recruitment Rules-2020 – amending S.O 184) and Notification 194 of 17-06-2020 (Jammu and Kashmir Special Recruitment Amendment Rules-2020 – amending SRO-202 ) issued by the Government of UT of J&K under Art 309 of Constitution of India by order of the Lt Governor would great degree of disappointment to any reasoning mind blessed with common cause wisdom since SRO-202 is very well there within an amended form still denying increment during two year probation period as well as all allowances like DA, HRA, TA, CEA, CCA, CHSA, etc during the probation period.
For instance take the case of THE INDIAN ADMINISTRATIVE SERVICE (PROBATION) RULES, 1954. As per Rule 3 Period of Probation for every person direct recruited shall be two years. As per Rule -13 Salary during the period of probation.- (1) A person referred to in clause (i) of sub-rule(1) of rule 3 shall receive a salary in the lowest stage of the junior time scale applicable to the Service during the first year and at the second stage of that scale during the remaining period of probation.… Similarly as per CHAPTER VII ACCRUAL OF INCREMENT:72. An increment accrues from the date following that on which it is earned’. Similarly J&K CSR 83 REGU. OF PROGRESSIVE OR TIME SCALE PAY CHAP. VII ]: Note 2—-In the case of probationary and temporary Assistant Engineers who will draw the first increment of Rs. 25 p. m. after completion of first year’s probation, the second annual increment of Rs. 25 p.m. raising their pay to Rs. 300 p. m. will not be drawn by them till they are declared to have completed their period of probation satisfactorily and are confirmed. To be brief where the probation is of two years on a substantive post in an approved pay scale and evaluation after training etc is not needed during the first year the appointee as a natural principle would be earning increment at the end of the first year and of course, 2ndfurther increment will be released after the probation is formally removed. Of course for such appointments all allowances like DA, HRA, TA, CEA, CCA, CHSA, etc would be paid from the day of appointment itself.
And here too the first demand of the stakeholders and all most all of the communities/groups/thinkers supporting them was for payment of allowances and release of increment during the probation period.
Questions could also be raised on the tweet that was made even before the tweet of J&K Government on 15 June by Dr, Jatinder Singh Ji MOS GOI saying “LG Jammu and Kashmir Sh. Murmu just now called upon to convey that as suggested to him, SRO 202 will not be indicated in new recruitments rules and for existing appointees under SRO 202, the probation period has been reduced to two years, Must compliment him for prompt response”.
Going by the contents of the SROs someone could now even infer that the MOS had suggested the LG to only reduce probation period from 5 to 2 years and keep the denial of increments/ allowances as it is, that could be a simple amendment of SRO-2 rule 8 whereas message appeared sending the message that SRO- 2 has gone. MOS would have suggested that at least people like me will not believe.
So, it has been very disappointing to find that S.O 192,193,194 of 17-06-2020 does not fit with the impressions that the government had given in the press release of 16-06-2020 / tweet of 15 June through information department. It is a case fit another review by the Lt Governor Sh. G.C. Murmu Ji in whose person people had started seeing some hopes of the common good.
(Daya Sagar is a Sr Journalist & a known analyst of J&K affairs dayasagr45@yahoo.com 9419796096)
