The Unfair Job Guarantees

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Productive Activities
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Daya Sagar
New LG of UT of J&K Mr. Manoj Sinha has immediately on his taking over on 7thAugust among other things expressed his priorities resting  on implementing something like Best Practices in People Centric Governance as also Engaging Youth in  Productive Activities.

In how desperate environment of lack of employment opportunities the youth in J&K is living could be well gauged from the fact that for recently advertised vacancies of class IV jobs { 8575 Class IV posts under The Jammu and Kashmir Appointment to the Class-IV (Special Recruitment) Rules, 2020, S.O 184  of 04-06-2020 GAD’  Revised Indent No. GAD/Mtg/RB-IV/50/202 Advertisement Notification No. 01 of 2020 dated 26.06.2020 } government has fixed a higher qualification limit of 10+2 max, upper age limit has been raised in some cases upto 40 yrs  and asper the JKSSB data in public domain since 10 July 2020  upto 8 th Aug   on JKSSB’s Online Portal 2,43,160 candidates completed their online application submission process for Class IV posts in spite of so irrational and unattractive terms of employment as are offered under  S.O 184 of  read with S.O 193 of 17-06- 2020 ( to quote  for a particular post just Rs.15100/ PM for two years as against one could possibly get around Rs. 21037/pm in first year plus entitlement for other allowances upto 13500/pm plus 4500/pm and annual increment after one year plus increases like DA increase every six months )

There is much more yet to be done by applying needed corrections to the wrongs as are  still there in SRO-202 as amended under S.O 194 of 17-06-2020, S.O 184 of 04-06-2020  as amended under S.O 193 of 17-06-2020 and in S.O 192 of 17-06-2020 ( Jammu and Kashmir Probationer – Condition of Service Pay and Allowances and Fixation of Tenure Rules 2020  ). Lt Governor  Manoj Sinha who has shown very verywelcome &immediate concern in his priorities resting  on implementing best practices in people centric governance as also engaging  youth in  productive  activities  and who himself has remained a youth leader / ABVP member while he was in Banaras Hindu University  can open the subject again. The start could be given by taking a review of the report that the Committee on SRO-202 of 2015 `constituted vide  order No.293-JK(GAD) of 2020 Dated 27.02.2020  headed by Sh. B.V.R Subrahmanayam Chief Secretary  had submitted , if atall , before the S.Os 192,193,194 of 17-06-2020 were issued on the choice of a MOS as had been disclosed in his tweet of 15 June 2020 (   <  “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”> ) .

The terms of reference for review could include:

  1. S.O 192 Date 17-06-2020 Rule – 3 : Pay and allowances during probation period: The rule should be amended allowing all the allowances as are normally due to a regular employee and drawl of annual increment after one year during 2nd year of probation period unless his / her performance during first year is questionable keeping in view the rational general basic existing rules / guidelines like as contained in J&K CSR Article 31-C ( Probationer means a Government servant employed on probation in or against a substantive vacancy in the cadre of a Department….Note I.-The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.  Note 2.-No person appointed substantively to a permanent post in a cadre is a probationer unless definite conditions of probation have been attached to his appointment such as the condition that he must remain on probation pending the passing of certain examination ..) ; memo No.28020/l/2010-Estt(c) 21-07–2014 supra issued by the GOI MoP, PG&P (Department of P & T) that talks of probation  period of only  one to two years  and it  does not deny increments and allowances as a general rule during probation period and  THE INDIAN ADMINISTRATIVE SERVICE (PROBATION) RULES, 1954 (  Rule – 3 of which says the period of Probation for every person  direct recruited shall be two years &. Rule -13 says  1) A person referred to in clause (i) of sub-rule(1) of rule 3 shall receive 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 …..  ).   One thing that could be inferred from such guidelines/ rules  is that the person during probation is getting allowances also and earns  equivalent of increments  beyond first year during the remaining period of probation.
  2. S.O 192 Date 17-06-2020 Rule – 6 ( fixed tenure of 5 years on initial appointment ): The rule among other things lays down that appointee shall have to necessarily work for a period of five years on the post against which he has been appointed and such employee shall not be eligible for transfer for whatsoever reasons for five years. Here the review is required since (i) when the posts are advertised applicants are not asked in general to apply against a particular vacancy only out of the advertised total vacancies of a particular class/ level (ii) unless such option is asked at the time of application/ selection it is not justified to impose such condition , more over when the posts are advertised in the advertisement it is not generally mentioned that on what basis the first posting orders will be issued, hence there is every likelihood that some favours may be done to some appointees by posting them in soft / easy areas (iii) more so it is otherwise also not in wisdom to keep a person on a place of posting  at same level  which could result in malpractices and an employee must be moved  after 2 to 3 years .

Hence in  the instant case it could be amended to lay down that no transfer till the period of probation is over   i.e 2 years or more in case probation is extended provided that in case the first appointment is against a reserved vacancy i.e like LAC and RBA the transfer if made will be only in LAC/RBA area  unless a period of 7 years is over..

  1. How to decide the place of first posting when total posts advertised are more than one.
  2. S.O 192 Date 17-06-2020 Rule -4 (1b) ( Discharge during probation ) : The rule says at any time before the expiry of the probation period the appointing authority may at *his discretion, terminate the probation of a probationer and discharge *him from service. The absolute undefined discretion is not fair and hence the text needs review and also the text of the rule/ rules has to be made *gender free.
  3. And accordingly for making changes in S.O 193 and S.O 194 of 17-06-2020.

It has to be kept in mind that reasons for laying general policies like SRO-202 and as amended cannot be pleaded for the reasons of financial implications since  one would then question government endorsing recommendations of pay commissions as well as continuing release of allowances like DA/TA/HRA/CCA//CESA/CHSA/ etc to regular employees and extending the revised grade & DA benefits to pensioners where there are cases on date of a pensioner getting more total pension ( basic plus DA )  than even the salary one was drawing at the time of retirement at occasion 10 yrs or more after retirement.

Daya Sagar is a Sr  Journalist & analyst of J&K Affairs. dayasagr45@yahoo.com 9419796096.

Note: The views in the article published doesn’t reflect the editorial policy of The Legitimate and are authors own.

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