Those entering Gazetted Engineering Services in ‘J&K’ have reasons to complain of ‘unfair’ discrimination

Why no Non-Functional Grade promotions for Engineering Gazetted Services in UT of J&K and like?

DAYA SAGAR

Media had reported on 12th May 2018 that in the Cabinet meeting chaired by Chief Minister, Mehbooba Mufti on May 11, 2018 ‘sanction’ was accorded to the implementation of the Assured Career Progression (ACP) Scheme in respect of the Gazetted Service of Engineering which was to ensure a minimum of 3 Time Bound promotions in a span of 20 years for the members of J&K and the Cabinet had authorised the Finance Department to notify the Scheme and issue necessary orders in that regard. But no such scheme had been notified after that and no denial of the media report too had been there.
In case the May 11, 2018 media report was based on facts the decision of the then popular government for ordering provision like Non Functional Garade Promotions to Gazetted Service Engineering Cadres J&K / Ladakh should be atleast ordered by the LG Administration now.
There used to be pinching stagnation cases( still are there) also in other Gazetted Services in J&K. But some relief has been provided to some of the Gazetted services in the shape of time bound grade promotions like has been for Health & Dental ( G.O 595-HME of 1988 dated: 2/07/1988. GO No.388-HME of 2005 Dated : 30-06-2005, G.O HME-Actt:-DHSL 04-05 Dated 29-07-2005 ) / Animal Husbandry / Sheep Husbandry – SRO-13 of 17-02-2004; SRO 43 and OM no. A/98(2001)-115 dated 17th November 2005, G Order No.3- ASH of 2010 dated 1st January 2010 / ISM (1st. 2nd and 3rd Time bound Promotion pursuant to Govt, order 493-HME of 1999 dated 05- 10-1999 and Govt. Order No. 242-HME of 2008 dated 31-12-2008 ) .Even J&K Administrative Service {SRO 198 dated 25-04-2018 Non-Functional (Monetary) Scheme (NFS) } and J&K Police Services { SRO. 215 dated 18 May 2018 ) have been favoured with Non-Functional (Monetary) Scheme (NFS)}.
Even for non gazetted employees in J&K Government somewhat similar provision is already there since 1996 under SRO -14 of 15-01-1996 ( Jammu and Kashmir Civil Services (Higher Standard Pay Scale Scheme) Rules, 1996). But the engineering cadres have not been cared so far is the general complaint. May be such like are the reasons and for assured career securities and assured progress with time that even the cream from the talent folk / top engineers from IITs/ Medical professionals have been showing preference for taking to IAS services where once in at Jr scale Grade L-09 (8000-275-13500/53100-157100) directly through UPSC one can progress without much stress with adhered time slabs from Level-9 to level -11 (10650-325-15850/67700-208700) Senior Time Scale ( 5h yr ), to Level-12 (12750-375-16500/78800-209200) Junior Administrative Grade (10th yr ) to Level-13 Selection Grade( 15100-400-18300/118500-214100 ) (123100 -215900)).(13th yr ) to Level -14 Super Time Scale ( .8400-500-22400/-144200-218200 ) ( 17th yr ) to Level – 15 First Above Super Time Scale(22400-525-24500/182200-224100; ) i.e Principal Secretary to the State Government. (26th yr ) to Level -17 grade of Chief Secretary ( 26000; (fixed)/ 225000 fixed apex ) ( 31st yr and Rs. 30000 (fixed)/ 250000 fixed only for the post of Cabinet Secretary in GOI (Guidelines for promotion to various grades of IAS officers issued under No. 20011492-AIS-II of 28-03-2000 ,see Annexure-I) by GOI Ministry of Personnel, P.G. & Pensions Department of Personnel ).
Whereas going by SRO 297 Dated 14-09-2006 PWd/Coord/42/2006 J&K Public works Department a Graduate Degree Engineer who enters gazetted service through JKPSC as Asstt. Engineer (8000-275-12950/ 9300-34800 GP 5200 / 53100-157100) Level-8Ais to move after 2yrs as AE to level of AEE(9000-300-14100/ 15600-39100 GP5600 Level-10 ) then can move to the Level of Executive Engineer service ( 10000-325-15200/15600-39100 GP 6600/ 67700=208700 Level -11) after 4 yrs working as AEE and total 8 yrs Gazetted and from Ex Engr to SE ( 12000-375-16500/15600-39100GP7600/78800-209200 Level 12 ) with 17 yrs gazetted service with atleast 3 yrs experience as Ex. Engr and then with min 20yrs gazetted service with atleast 1yr years as SE to C.E (14300-1400-18300/ 37400-67000 GP 8700/- 123100-215900/-1level-13 ). But even for so unfair career sealing at L-13 only, timely progress on ground very rarely tests to criteria laid. There is no promotion in status after one ‘reaches’ level of Chief Engineer, Level -13 (123100-215900/) only where an IAS officer reaches after 13 years of entering Gazetted service.
With the intervention of Court J&K Government with SRO-403 of 14-09-2018 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. 01-04-1987 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 22.03.2021 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.
With Manoj Sinha as LG of J&K and A.K Mehta ( who himself is Engineer) there as head of the Administration it could be hoped that like a number of other reforms/ corrections made (like undoing unfair& frustrating service conditions during 2 yr probation for new government employees under S.O 192 of June 2020 of the earlier governments / popular governments) hopes have been expressed by the engineering cadres that atleast Non Functional Grade Promotions will also be sanctioned for Gazetted Engineering Cadres like has been done for even JKAS {SRO 198 of 25-04-2018 – Non-Functional (Monetary) Scheme (NFS) }, JKPS { SRO-195 Dated 18-05-2018 Non-Functional (Monetary) Scheme (NFS)}. Immediately and the award of L-14 ( 144200-218200 ) or atleast L-13A grade ( 131100-216600) be sanctioned in favour of Chief engineers even if it has be be as an exception to others as has been with the case of Superintending Engineers vide SRO-403 14-09-2018 (amendment in the JK Civil Service (Revised Pay) Rules, 1992, In the Schedule appended, following shall be added as proviso 2nd, “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. 01-04-1987 and monetarily from 01-04-1990.)
(The author is Sr Journalist, social activist and analyst J&K affairs [email protected]).