Creation of posts of "Helper" for regularization of left over DRWs. 1. Principal Secretary to Government, Finance Department.

Transcription

1 \. Minutes of the 14th meeting of Empowered Committee (constituted vide Government Order No. 139-F of 2015 dated ) held under chairmanship of Principal Secretary to the Government, Finance Department on (Pertaining to Agriculture Production Department) Subject- Creation of posts of "Helper" for regularization of left over DRWs. 1. The following officers attended the meeting:- 1. Principal Secretary to Government, Finance Department. 2. Director General (Codes),. Finance Department. 3. Special Secretary to Government, Department of Law, Justice & P.A. 4. Deputy Secretary to Government, Agriculture Production Department. 5. Deputy Secretary to Government, General Administration Department. Chairman Empowered Committee Member Secretary Member Member Member 2. Proposals relating to regularization of left out DRWs of following Departments were on agenda of the meeting:- i. PHEjI&FC Department. ii. Forest Department. iii. Department of Rural Development & P.R iv. Agriculture Production Department. v. Revenue Department. vi. Food, Civil Supplies & CA Department. vii. Health & Medical Education Department. 3. The Agriculture Production Department had submitted proposals of left out DRWs as per following details; i) Dropout cases: 2 ii) Review cases: 15 ii) Court cases: a) SWP No. 1264/2007 titled Feroz Ahmad Vs State and others. b) SWP No. 508/2014 titled Mohammad Yousuf Mir Vs State and others.

2 4. Dropout cases Regularization of Sh. Fayaz Ahmad Dar: Sh. Fayaz Ahmad Dar S/o Abdul Aziz Dar R/o Sail Tehsil Beerwah, District Budgam was engaged as DRW by the District Agriculture Officer Budgam vide No. DAOB/ dated On directions of Hon'ble Court, the department has deposited an amount of Rs. 2,26,260/- with the Registrar, J&K High Court Srinagar in 09/2007 as delayed wages of the incumbent for the period 08/1992 to 04/2006. The department has certified continuous working of the incumbent from date of his engagement and recommended regularization of the incumbent under provisions of SRO 64 of 1994 against available post of Gardener in District Budgam The Committee recommended regularization of the incumbent as 'Helper' against the available post of 'Gardener' in the pay scale of (pre-revised) w.ej subject to following condition:- (i) The case is covered under provisions of SRO 64 of (ii) The Department shall verify records/mrs of first ten months of the incumbent to establish genuineness of the claim. (iii) Genuineness of engagement order is certified by the HoD concerned. (iv) Continuous working from the date of initial engagement and payment of wages at notified rates shalt be established/certified by the concerned HoD. (v) The department shall get breaks, if any, other than those certified and verified by the department to be due to non-availability of budget, condoned from the Competent Authority and the breaks subsequent to the date of regularization, if any, shall be seen and verified by the department and no arrears of salary shall be drawn for the period wages have not been paid. (vi) The incumbent is eligible for regularization and fulfills all conditions as laid down in SRO 64/1994. (vii) The Department shall verify the date of birth and Permanent Residence Certificate of the DRW, prior to issuance of regularization orders. (viii) Relaxation of age/qualification, if required, shall be considered by the Department with prior approval of the Competent Authority. (ix) The department shall act on the recommendations after thoroughly looking into the complaint lodged 6 by ~ Nighat Ara 0/0 Gh. Rasool R/o Srinagar and ensure authenticity of the documents furnished by the department. ~~

3 (x) Regularization orders shall be issued by the concerned HOD after formal orders for creation of posts are issued by the Administrative Department. (xi) The post shall cease to exist on death/retirement/resignation/ termination of the incumbent or his adjustment against any hierarchical post. (xii) Arrears from date of regularization to the date of issue of regularization order shall be paid in five equal annual instalments after projecting the same under Annual Budget Estimates of the Department Regularization of Sh. Gh. Ahmad Bhat: 5h. Gh. Ahmad Bhat 5/0 Mohd. Munnawar Bhat R/o Aragam TehsiljDistrict Bandipora was allowed to continue as daily wager with a break of one day after every 89 days on consolidated wages by the District Agriculture Officer, Baramulla vide order No. Estt/90-91/ dated The concerned Drawing & Disbursing Officer has certified continuous working of the incumbent from date of engagement The Committee observed that there is a total break of more than 21 years from date of engagement to 06/2017 in different spells ranging more than a year even up-to 14 years 10 months. After thread-bare discussion, the Committee came to conclusion that the department shall justify the unusual breaks in drawal of wages for the periods shown below particularly for the period 06/1993 to 04/20QS, 09/2009 to 10/2010 and 06/2013 to 03/2016 and furnish continuity certificate from date of engagement to till date and eligibility certificate in terms of SRO 64 of 1994, duly countersigned by HoD concerned:- "12/1990 (22 days), 02/1992 (20 days), 03/1992 to 06/1992 (43 days), 12/1992 ( 12 days), 02/1993 (17 days), 06/1993 to 04/2008, 09/2009 to 10/2010, 01/2011, 03/2011 to 07/2011, 09/2011 to 02/2012, 01/2013 to 04/2013, 06/2013 to 03/2016, OS/2016, 08/2016 to 06/2017." 5. Review cases: 5.1. While examining the cases of the incumbents: which were deferred in previous meetings of Empowered Committee due to some deficiencies, in terms of provisions contained in the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules, 1994 notified vide SRO 64/1994 read with Government order No. 26-F of 1994 dated , the Committee cleared and approved creation of 4 posts of "Helpers" in the pay scale of (Pre-revised) for regularization SX 3

4 of as much number of DRWs from the dates shown against each detailed in the below matrix:- S.No. Name/Parentage/ Date of Breaks Due date of Address of DRW Engagement Regularization 1. Romesh Chander 08/89 12/94 to 05/95, S/o Paras Ram 01/03 to 02/03, Subject to condition that R/o Jullaka Mohalla Jammu. 09/06 to 10/06, the department shall issue 04/07,08/07, speaking order under seal 10/07,01/09, and signatures of the HoD 03/09, 10/09. concerned certifying therein that the incumbent was engaged as DRW in 08/89 and fulfills eligibility criteria prescribed in SRO 64 of Sweety Khazanchi 11/93 07/02 to 08/ /0 Tej Krishan Khazanchi Rio Gurah Pattan, Jammu. (At present H. No. 135-A, Street No.4, Vikas Nagar, Janipur Jammu. 3. Harbans Singh 06/93 09/94 to 06/ S/o Chhankar Subject to condition that R/o Bakore Jourian. the department shall issue speaking order under seal and signatures of the HoD concerned certifying therein that the incumbent was engaged as DRW in 06/93 and fulfills eligibility criteria prescribed in SRO 64 of Manju Gupta 10/92 01/97, /0 Bal Krishan 11/99 (21 days) Subject to condition that Rio Bakshi Nagar Jammu. the department shall issue speaking order under seal and signatures of the HoD concerned certifying therein that the incumbent was engaged as DRW in 08/92 and fulfils eligibility criteria prescribed in SRO 64 of The above recommendations are further subject to following conditions: (i) The case is covered under provisions of SRO 64 of (ii) The Department shall verify records/mrs of first ten months of the incumbents to establish genuineness of their claims. (iii) Genuineness of engagement order/mrs is certified by the HoD concerned. (iv) Continuous working from the date of initial engagement and payment of wages at notified rates shall be established/certified by the concerned HoD 0 4

5 (v) The department shall get breaks, if any, other than those ceritified and verified by the department to be due to nonavailability of budget, condoned from the Competent Authority and the breaks subsequent to the date of regularization, if any, shall be seen and verified by the department and no arrears of salary shall be drawn for the period wages have not been paid. (vi) The incumbents are eligible for regularization and fulfill all conditions as laid down in SRO 64/1994. (vii) The Department shall verify the date of birth and Permanent Residence Certificate of the DRWs, prior to issuance of regularization orders. (viii) Relaxation of age/qualification, wherever required, shall be considered by the Department with prior approval of the Competent Authority. (ix) Regularization orders shall be issued by the concerned HOD after formal orders for creation of posts are issued by the Administrative Department. ex) The posts shall cease to exist on death/retirement/resignation/ termination of the incumbents or their adjustment against any hierarchical post. (xi) Arrears from date of regularization to the date of issue of regularization order shall be paid in five equal annual instalments after projecting the same under Annual Budget Estimates of the Department The following incumbents have been found ineligible for regularization under provisions of SRO 64/1994 for reasons indicated against each:- S.No. Name/Parentage/ Decision Address 1. Mahesh Kumar Does not fall within the mandate of the S/o Munshi Ram Empowered Committee, having been engaged R/o Gurah Pattan Jammu. as casual labour. 2. Balbir Singh Does not fall within the mandate of the S/o Babu Ram Empowered Committee, having been engaged Rio Planwalla Akhnoor. as casual labour. 3. Ashok Kumar The incumbent has been engaged purely on S/o Didlu need basis on daily wage rates and paid R/o Village Battal Majalta, Tehsil regularly from 06/06, as such; the case does Ramnagar. not fall within the mandate of the Empowered Committee. The case falls under SRO 520 of 2017 and should be processed as such by the d~artment. 4. Pritam Chand The incumbent has been engaged purely on S/o Dharm Chand need basis on daily wage rates and paid R/o Village Chani Mansar, Tehsil regularly from 06/06, as such; the case does Ramnagar (Udr). not fall within the mandate of the Empowered Committee. The case falls under SRO 520 of 2017 and should be processed as such by the department. D S

6 5.4. The department in compliance to the orders of the Hon'ble Court, dated , passed in SWP No. 1478/2004, Contempt No. 172/2006 titled Dalbir Singh & others Vs State and others has already regularized services of Sh. Yash Paul S/o Jagan Nath R/o Chakroi and Sh. Des Raj S/o Mani Ram R/o Budhu Chak and, as such, the cases do not require intervention of the Empowered Committee Cases of Sh. Mohd. Masood, Smt. Agnesh, Sh. Ghulam Mohi-ud-din, Sh. Mohd Farooq and Smt. Baby Tickoo have been found ineligible for regularization under provisions of SRO 64 of 1994 and decision of Empowered Committee already communicated to the department number of times. The department should not recommended such cases for reconsideration again and again unless there is a documentary evidence wh lch cou Id prove that they were converted as DRWs prior to Court cases 6.1. SWP No. 1264/2007 titled Feroz Ahmad Vs State & Ors. Sh. Feroz Ahmad Ganie S/o Gh. Rasool Ganie R/o Tapperwaripora, Tehsil Pattan District Baramulla was engaged as DRW by the Seed Production Officer, Lalmandi vide order No. SPO/ / dated on need basis. The incumbent invoked judicial intervention through medium of SWP No. 1264/2007 which was disposed by Hon'ble High Court on with following order:- "Notice afresh. Mr. Wani who appears vice Mr. Khan accepts notice. Relying upon the communication annexed with the writ petition. It is contended by learned proxy counsel for the petitioner that the respondents have no options but to regularize the services of the petitioner. Without expression of opinion at this state in respect of the submission so made/ let the respondents consider the case of the petitioner on the touch stone of SRO 64 within a period of three months which period shall begin from the date this order is served upon the respondents by the petitioner. Disposed of along with CMPs. // 6.2. The Committee was informed that records of the Division were gutted in fire incident in 03/1993 and the department has certified that the petitioner has worked continuously from date of engagement without any break and his work and conduct has remained satisfactory. It has also been certified that wages for the below break periods could not be drawn due to paucity of funds and wages from 03/2000 to OS/2014 could not be drawn as the case was sub-judice.- 03/94 (17 days), 04/94 ( 22 days), 07/94 (7 days), 07/98 (11 days), 08/98, (11 days), 09/98 (11 days), 10/98 (10 days), 11/98 (20 days), 12/98 (21 days), 051'99 (20 days), 06/99 (20 days), 08/99 (26 days), ~~

7 09/99 (24 days), 10/99 (26 days), 11/99 (21 days), 12/99 (23 days), 01/2000 (25 days), 02/2000 (22 days), 04/2000, 07/2014 to 09/2014, 11/2014 to 03/2015, 06/2015, 07/2015, 09/2015 to 12/2015, 06/2016 to 09/2016, 11/2016 to 02/2017, 04/2017 to 06/ The Committee cleared and approved creation of one post of Helper in the pay scale of (Pre-revised) for regularization of the petitioner subject to following conditions:- (i) The case is covered under provisions of SRO 64 of (ii) The Department shall verify records/mrs of first ten months of the incumbent to establish genuineness of the claim. (iii) Genuineness of engagement order is certified by the HoD concerned. (iv) Continuous working from the date of initial engagement and payment of wages at notified rates shall be established/certified by the concerned HoD. (v) The department shall get breaks, if any, other than those certified and verified by the department to be due to non-availability of budget, condoned from the Competent Authority and the breaks subsequent to the date of regularization, if any, shall be seen and verified by the department and no arrears of salary shall be drawn for the period wages have not been paid. (vi) The incumbent is eligible for regularization and fulfills all conditions as laid down in SRO 64/1994. (vii) The Department shall verify the date of birth and Permanent Residence Certificate of the DRW, prior to issuance of regularization orders. (viii) Relaxation of age/qualification, if required, shall be considered by the Department with prior approval of the Competent Authority. (ix) The department shall act on the recommendations after thoroughly looking into the complaint lodged by Nighat Ara 0/0 Gh. Rasool R/o Srinagar and ensure authenticity of the (x) (xi) documents furnished by the department. Regularization orders shall be issued by the concerned HOD after formal orders for creation of posts are issued by the Administrative Department. The post shall cease to exist on death/retirement/resignation/ termination of the incumbent or his adjustment against any hierarchical post. (xii) Arrears from date of regularization to the date of issue of regularization order shall be paid in five equal annual instalments after projecting the same under Annual Budget Estimates of the Department. 7

8 6.4. SWP No. 508/2014 titled Mohammad Yousuf Mir Vs State & Ors. In compliance to Hon'ble Court orders, dated , the department had rejected the claim of the petitioner for regularization on the grounds that he has no continuity in service as required under SRO 64 of The petitioner challenged the said consideration order before the Hon'ble High Court under SWP No. 508/2014 and the Hon'ble court on passed an order where-under it was ordered that the Additional Deputy Commissioner Anantnag shall conduct an enquiry and return a positive finding about the eligibility for being brought on regular temporary establishment in terms of Rules notified vide SRO 64 of In enquiry report the Additional Deputy Commissioner, Anantnag recommended case of the petitioner for regularization under provisions of SRO 64 of In contempt petition listed on the Hon'ble Court observed as under:- "... Judgement was not complied with/ constraining petitioner to launch instant contempt proceedings against the respondents. Respondent No. 1 has filed the statement of facts along with the inquiry report whereas respondent No. 2 has also filed statement of facts mentioning therein that no recommendation is made by the Additional Deputy Commissioner which fact is not correct because perusal of the inquiry report suggest that in effect there is a recommendation for brinigng on regular establishment in terms of Rules notified vide SRO 64 of " 6.5. Again the Hon'ble High Court has passed an order on , the operative part of which reads as under:- " In terms of order dated ~ the Additional Deputy Commissioner Anantnag has conducted the enquiry and in the enquiry report. the petitioner is found to be eligible. However. the order of appointment is not being issued in his favour. In view of the above/ the competent authority is granted three weeks further time to comply with the order f.=ji!ing which appropriate orders shall be passed. " 6.6. While examining the case in terms of provlsions contained in the Jammu and Kashmir Daily Rated Workers/Work Charged Employees (Regularization) Rules, 1994 notified vide SRO 64/1994 read with Government order No. 26-F of 1994 dated it was observed that the petitioner has been engaged as casual labour by the Mushroom Development Officer, Anantnag vide order bearing No dated and subsequently allowed to continue as daily rated worker vide order No. MDO/Estt/ dated and paid wages for the period 10/1993 to , 04/1998 to and to Besides, there is no documentary evidence as to whether the petitioner has worked from and paid wages thereafter. The

9 total period of casual/daily wage service of the petitioner comes only around four years and hence the Empowered Committee is unable to give its recommendations in the matter. However, in view of orders of Hon'ble High Court in the matter, the Department is advised to seek approval of Competent Authority for implementation of the orders of Hon'ble High Court. 7. The Chairman Empowered Committee urged upon all Departments to desist from referring such cases to Finance Department, as are required to be considered in light of court orders but do not fall within the mandate of the Empowered Committee which examines the cases of those Daily Rated Workers only whose status is recorded as Daily Wager in records and have been engaged prior to only. In such cases, where court orders have assumed finality, the department should take appropriate action at their level for implementation of the orders of the Hon'ble Court in consultation with the Department of Law, Justice and Parliamentary Affairs. cretary, General Administration Department. (Member) ~ (Sat Paul Barouria) - Deputy Secretary, Agriculture Production Department. (Member) ~~ (Achal Sethi) Special Secretary, Department of Law, Justice & P.A. (Member) Director General (Codes), Finance Department. (Member Secretary) (Navin K. Choudhary), las, Principal Secretary, Finance Department (Chairman) 9