Rationalisation of service conditions even at gazetted level too needs attention of Omar Cabinet

• Although as CM of UT Omar has some Legislative & Executive limitations but still he can freely do some Good & Undo some Bads
• With elected popular government in place distantly placed J&K Subjects once again hope for Administrative & Legislative Rationalization

DAYA SAGAR
From those in government service one category is of the Gazetted Engineering Services/ those enter through JKPSC. It will be a surprise for many to know that in UT of J&K the pay scale of SE and CE ( Chief Engineer) is same i.e L-13 of VIIth Pay Commission and young engineer entering service through PSC at the age of 23-24 years can progress only to L-13. With the intervention of Court J&K Government with SRO-403 of September 14, 2018 amended the JK Civil Service (Revised Pay) Rules, 1992 by adding to the Schedule proviso 2nd, saying “The SE only shall be deemed to have been placed in Pay Scale of 4500-5700 in place of 3150-4500 notionally w. e. f. April 1, 1987 and monetarily from 01-04-1990”. With the issue of SRO=403 the pay scale of SE is now equal to Level -13 but the CEs too are in Level -13 Grade.

Why has Government not made the needed correction for pay scale of CE also at the time of issue of SRO-403 in 2018 itself? Should not governments apply correction without waiting for someone from affected cadres to run for judicial remedies? The pay scales mentioned herein are as per VII PC Gazette notification and may not be covering all amendments if made at some levels after that. Even CAT had on March 22, 2021 conveyed somewhat a positive view in favour of the Chief Engineer post in (Central Administrative Tribunal disposed of TA No. 3749/2021 with order “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.” Which was also challenged in J&K & Ladakh HC through the medium of WP(C) 1722/2021 and the High Court on 09.09.2021 passed order as : “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 still the Administrative Department / Government disposed the application of Chief Engineers with no convincing note under order No 319 F of 10-12-2021.So strangely a human resource issue was not processed by J&K GAD but got examined by finance department justifying that keeping pay same scale for CE and SE technically valid. Not only that there is no provision for Non Functional Grade Promotion for Gazetted Engg Services where as there is such provision for JKAS/JKPS/ Animal husbandary/ Statastics Department / Ayurvedic Doctors/ etc . The Engineering Graduates entering gazetted services had higher pay scale to start with than most of the services mentioned here. It was reported in media on 11-05-2018 that J&K Cabinet had accorded sanction to the implementation of some thing like the Assured Career Progression (ACP) Scheme in respect of the Gazetted Service of Engineering Departments so as to ensure a minimum of 3 Time Bound promotions in a span of 20 years for the members and had authorised the Finance Department to notify the Scheme in that regard. But had remained a paper news only So, question is why the position with regards to service matters of even senior officers , mostly with “other services” , is irrational and frustrating for many and the Hunan Resource management for gazetted levels in State Services / Provincial services is not so encouraging
So Omar government is expected to redress such unfairness that exists in gazetted services on 1st priority and first of first to undo the wrong justification for keeping the pay scale of Chief Engineer and SE same with first stroke of his pen.
Some analysts do opine that since J&K is a UT Omar Abdullah will not be able to deliver his promises and programs that smoothly & freely since his legislative and administrative delegations / authorities are under the jurisdictions of LG of J&K. Those who profess that J&K Legislative Assembly and Cabinet have to get approval of LG for every subject / action are totally wrong .No doubt in a UT with legislature the powers/jurisdictions of Cabinet / Legislature are limited as regards public order, police, and land where LG could be said to have ultimate control but the limitations are surely not like making the Chief Minister ‘totally ineffective’ for all purposes . Omar Abdullah lead & Congress supported J&K UT government can still very well work on ground in relation to number of subjects worth the delegated administrative & legislative authority in terms of the J&K Reorganisation Act of 2019, Act 34 of 2019 for executing a number of programmes & promises in terms of the election manifesto of National Conference and promises made by allies like Congress.
To be continued
(The writer is a Sr Journalist & a known analyst of J&K affairs).