SRO 202 Deserves Immediate Review

4 mins read

Mir Shahid
There are two sectors providing employment to citizenry in the state known as Public and private sector. While as private sector strictly follow the 3E’s norm of Efficiency, Economy and Effectively. However the Public sector is meant for service delivery as promised by constitution. The public service is intended to make the conditions favourable for productive development of society. It’s meant to promote health, education, drinking water etc functions of society. These ranges of activities are performed by hierarchy of Govt employees selected through appropriate Napoleonic code like procedure with a range of eligibility criteria’s. The educational and vocational eligibilities are conditionalities followed by scheme of examination to get the job in Govt department. The Jammu and Kashmir is reeling under a perpetual political issue where peace is the story of ghosts, so is the availability of sufficient private sector to consume the aspirations of youth. However the sector usually providing employment opportunity to highly alienated Kashmir youth is adopting a lackadaisical approach now. The rules are getting so rigid by each passing day that it breeds inefficiency and corruption. The SRO dated 30/06/2015 was issued under which new recruitment for all non gazetted cadre is underway. The JKSSB is busy in recruitment to all the non gazetted cadre with provisions of Five year harsh probationary period that too with strict Service rules. Is it working for the Economy? Is it destroying future or helping them in the fulfilment of prospect?
The SRO reads the appointee shall remain under probation for a period of five years. The service will be regulated by provisions of said SRO hereafter. It puts a restriction of financial pay on employee. The employee is entitled to draw a fixed amount as salary with just Basic pay barring him/her allowance enjoyed by others in substantive capacity which drastically puts him under garb of financial liability. The Govt of the time defended action on behalf of financial health of state Economy to stave off financial obligation for a minimum period of five years at least. It further puts a constraint on initial transfer for a period of five year probation. Yet another strict provision is promotion is barred till completion of probationary period. There a no of lacuna’s in the issued order. First and foremost discriminatory provision is Fixation of pay to basic minimum. This harsh provision keeps them to an inferior scale same positions along hierarchy in department. For e.g the teacher appointed pre and post 2015 period are drawing different salaries albiet appointed on nip and tuck eligibility criteria and sharing same position in department. This illogical constraint at times breeds inefficiency and corruption. The work culture is deteriorated especially in case of public service related departments. An official expected to draw a salary lower than his colleagues may prove disastrous for larger public interest.
On second part the provision bars an employee from promotion if any till completion of five years. The Finance Minister at time of issuance said the financial health as reason for order but the said provision counters this obsolete explanation. This inhibits the prospect of Weberian” Bureaucracy as Career” and thus breeds compromise with departmental integrity. For e.g in finance and aspirant appointed on behalf of SAC exam prospect created ruckus and frustration for employees who in case qualify departmental examination can’t claim respective benefits in the department. Is this what career expects after thorough hard-working? Is this provision reliable for efficiency of public service? The protests and hartal by employees of said SRO and those seeking employment is a case to be mentioned off. Almost all employees unions have staked their protest voices against this draconian law. The huge no of representations have reached to grievance redressal cell to scrap and reinstate earlier state of affairs as per CSR. Infact the law violates the rights enjoyed by employees as per constitution. Therefore the dimensions Economy, Efficiency, Employment, Poverty alleviation, Efficient Public delivery of services etc are affected by this law. The explanation given can’t be replaced for the provision which inhibits growth of an employee based on his personal instincts through departmental examination. Thereafter the transfer from initial posting to a period of five years from minimum of post held in department is ruling the roast of discrimination. The transfer provision is used to readjust the vocations necessities to subsume temporary or permanent mismatch in the department elsewhere. However they said SRO siphoned away all these privileges expected to emerge after appointment in Govt department. This lowers the confidence of whole public service in govt ipso facto.
The provisions governing SRO 202 recruitment are draconian and harsh. They are discriminatory in letter and spirit. After toiling hard for career prospects in highly competitive education system and do or die recruitment tests the appointee is expected to draw handsome salary and prospective growth as essential part of Govt. However the regulation by said SRO is a utopian dream for efficiency in Economy. This drastic law in reality may prove hazardous for public efficiency which already stricken by corruption. The prevailing notion of public service image in eyes of citizenry is already dark spot on white Service delivery mechanism which would have been tried to be improved rather perpetuated through this law. It indirectly curbs the progress of employee whose arm and leg of govt machinery at ground level. The welfare state is mandated to enhance the living condition of relatively poor who infact may become absolute victims at hands of public servants. The rule is absolutely irrational and illogical step to perpetuate the already prevailing distress among unemployed fraternity with huge qualifications. The Kashmir youth is in dilemma due to prevailing political instability which was taken to another extreme end by SRO. It clearly violates Fundamental rights enshrined in constitution of country who need to be safeguarded at every cost. It will be in larger interests of the Govt machinery in general and interest of educated fraternity in particular to scrap this illogical law on grounds of equality and efficiency. Else the indices of corruption may gallop on whose scale our state fares worst. Let’s wait to get some bolt from blue in near future.
Writer Shahid Majeed Mir hails from Kupwara and can be reached at mirshahid363@gmail.com*

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