Bansi Lal Balwal
This refers to news item May 8, 2015 in which while chairing a meeting of officers of Youth Services and Sports Department/J&K State Sports Council, the Minister of this Deptt. said that mechanism shall be devised for regularisation of various cadres of this Deptt. but upto this time nothing has been done and it is submitted that in accordance with Govt. order No. 743-GAD of 2007 dt. June 28, 2007 as per report of higher power committee in the case titled Suraj Prakash Gupta v/s State and others- streamlining the cadre management of gazetted and non-gazetted in compliance with the directions of the Supreme Court of India in this case guidelines already stand notified by Govt. vide order No. 107-GAT of 2002 dt. January16, 2002 which are reproduced below:-
“In cases, where promotions have not been regularised for years, the Deptt.s should ensure that DPC is convened immediately for their clearance. They should also ensure that conditions responsible for such delay do not occur in future. In such cases, the promotion should be made with retrospective effect from the date of occurrence of vacancy or date of acquiring eligibility whichever is later. ”
In this connection it is brought to notice that 193 PET’s / PEM’s having PG Degree of MPED as per creations of posts vide Govt. order No. 140-Edu (Tech) of 2006 dt. November13, 2006 in pay scale of 6700-10700 instead of correct pay scale of 6700-10900 were placed as I/C Phy. Edu. Lecturers as per Govt. order no. 77-Edu (Tech) of 2008 dt. June 27, 2008 in Higher Sec. Schools of the State in the pay band 9300-34000 with Grade pay of Rs 4300 instead of Rs 5400 as their counterparts of other subjects are drawing which is humiliation and quite against natural justice of equal work equal pay. Not only this but in Education Deptt. I/C Lectt. were regularised in the year 2011-12 and now again this process is underway in this Deptt. While Lectt. In phy. Edu. are waiting for the same who were placed so in June 2008 but nothing is insight in this behalf upto this time.
The Director Youth Services and Sports Deptt. Under his circular No. DYSS/ESTT/3427-87 dt. July 27, 2012 admitted anomaly between grade of Lectt. in School Education Deptt. and Phy. Edu. Lectt. posted in Higher Sec. schools by mentioning that this issue is in active consideration in administrative/Finance Deptt. but as is quite clear from Accounts Officers (Codes) O.M No. A/23 (05-212) dt. 6-2-2015 that the case was placed before the pay anomaly committee but the committee did not agree to the proposal with the plea that difference in the status was the product of the positioning of the post in the respective hierarchies and that there was no anomaly involved in the case. If anything it was quite clearly a case of improvement in the scale, which, unless, warranted by the need to correct it in the system, was outside the framework of the mandate of the committee. Accordingly the committee could not agree to the proposal and in view of this the pay scale of these Lectt. be improved at par with other subjects Lectt. of Higher Sec. Schools.
Besides this as per Circular No. 01-Edu (Tech) of 2016 dt. March 10, 2016 of Technical Education / Youth Services and Sports Deptt under which tentative senioity list of Phy. Edu. Lectt. of Youth Services and Sports Deptt. was issued copies among others endorsed under no. Edu/ Tech/ Phy/ 33/ 2016 dt. March10, 2016 to Director General Information and newspapers of the State and the same appeared in Newspapers on Mar. 12, 2016 according to which concerned have to file objections in respect of positions assigned to them with valid documentary proof to reach in the Office of Commissioner / Sectt. to Govt. Technical Education / Youth Services and Sports Deptt. within a period of 10 days from the date of publication of this notification and after expiry of the stipulated time the list should have been deemed as final but even after lapse of more than two yrs no final seniority list has been issued quite against Rule 24 of Classification Control Appeal Rules 1956 and then how the 16 Nos of I/C Lectt. and I/C ZPEO and 10 respectively vide Govt. Order No. 188-Edu (Tech) of 2011 dt. December 23, 2011 and Govt. order No. 215-Edu (Tech) of 2013 dt. December 6, 2013 were placed as Distt. Youth Services and Sports Officers/ Asstt. Directors in their own pay and grade with charge allowance admissible under rules as this type of arrangements as per Sub Rule 4 of Rule 25 (Classification Control and Appeal) Rules, 1956 Silsh should in no case has exceeded three months on each occasion and more so as per Sub Rule 5 no person become entitled by reason only of such promotion to any preferential claim to future promotion.
In nutshell the kind attention of the minister concerned is invited to the following points :-
1. To get the final seniority list of these Lectt. issued early.
2. To get them provided grade pay of Rs 5400 instead of Rs 4300 drawing at present.
3. To get them regularised from the date of their placing as I/C Lectt. 27-8-2008 or from availability of post viz November13, 2006.
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