Due to poor HR Management some retired I/C CEs got pension even in AEE grade for Ten Years
Why even “Top Grade” Engineers from IITs rush for IAS stream & not even IES as first preference ?
J&K Gazetted Engineering Services not provided even Non-Functional (M) Grade Promotions
Daya Sagar
Under SR0-403 dated 14th September, 2018 issued under Court orders the pay scale of Superintending Engineer was changed / upgraded from Rs. 3150-4500 to Rs. 4500-5700 (old grade which after VII Pay Commission is Grade Level- 13 i.e 1,23,100- 2,15,900 ) notionally w.e.f. 01-04-1987 and monetarily w.e.f. 01-04-1990).That way the pay scale of Superintending Engineer became equal to the pay scale of Chief Engineer . It was expected that before issuing SRO 403 in 2018 the GAD & Administrative Departments of Engg Department handling human resource affairs would have taken notice of the correction reuired in the grade of SE and its effect on the grade / level of CE without waiting for petitions/ representations from Chief Engineers but that did not happen.
Er. Sheikh Mohammad Hussain and Ors, filed SWP No. 2134/2020 before the Hon’ble High Court of Jammu & Kashmir at Srinagar with the prayer that the cascading effect of the revision of Pay Scale of Superintending Engineers in terms of SRO 403 of 2018 in the higher post of Chief Engineer and Development Commissioner has not been mentioned in the said SRO but the said writ petition was transferred to the Hon’ble Central Administrative Tribunal, Jammu Bench for adjudication where the Hon’ble CAT on 22.03.2021 disposed of the aforesaid case bearing TA No. 3749/2021 with the directions: <“We, therefore, dispose of the T.A., directing the competent authority, i.e. respondent Nos. 1 and 2, to pass appropriate orders on the representations submitted by the applicants on 03.09.2018 and subsequent thereto, within three months from the date of the receipt of a copy of this order. We, however, make it clear that we did not express any view on the merits of the matter. Any benefit, which may result on account of such revision, shall be prospective in nature.” The CAT order was challenged before the Hon’ble High Court of Jammu & Kashmir and Ladakh through the medium of WP(C) 1722/2021 and the Hon’ble High Court on 09.09.2021 passed the order:<” Meanwhile, respondents shall consider the representations of the petitioners submitted on 03.09.2018 and subsequent thereto, within three months from the date copy of this order is received for the benefit sought and the portion of the order impugned to the extent of rider is stayed and shall not come in the way of the respondents” “> But so strangely Government under Government Order No. 319 -F of 2021 Dated:-06-12-2021 issued by Finance Department ordered that representation was found devoid of any merits and the same is accordingly rejected. Trying to make the order a speaking order the finance department had based the decision on the pleas (i) that as per recruitment rules notified vide SR0-297 dated 14.09.2006 governing the Jammu & Kashmir Engineering (Gazetted) services the Pay Scale of the post of Chief Engineer is Rs 14,300-400-18,300 revised to Pay Band PB-4 Rs 37,400 67,000+G. P 8,700 (as per 5th Pay Commission) which has been further revised to Pay Level-13 Rs 1,23,100-2,15,900 (as per 7th Pay Commission) and (ii) the post of Chief Engineer is a Head of Departments Level Post, which is equivalent to that of Special Scale of KAS, and other Head of Department Level posts so in case the post of Chief Engineer is placed in a higher scale than that of any of the Head of Departments similar claims will pour from other departments which is bound to generate resentment/criticism besides litigations. The reasons do not stand to logic , question is of reasonable justice and disposal by government Finance department does not stand to the fact that one who enters Gazetted Engg Service through PSC enters at Level 8A of higher grade and has to be an Engineering degree Holder where as one who enters the KAS service through PSC can be any Graduate Degree holder and enters at Level 8 of lower grade only so how a Engineer could be restricted to Level 13 only when KAS can move to Level 14 and even Level 15 after induction in IAS ( ofcourse Engineers too can be considered for induction in IAS as per service rules of IAS but that has not been done J&K for many years). More so it as an Administrative matter and should have been examined by GAD
The J&K Engineering Gazetted Service Engineers are under multi pronged administrative, professional, financial and social stresses To be continued
(The writer is a Sr Journalist and Social Activist)