HC asks Govt to recover amount drawn
by illegal appointees

Excelsior Correspondent

JAMMU, Mar 7: In significant direction in a case of Adhoc appointments in Education Department in District Poonch, Mr Justice O P Sharma of the State High Court, Jammu wing ordered that if any one is continuing despite expiry of period of appointment, it will not be a burden on the State and the official who is allowing such appointees to continue will be guilty of misconduct.

Mr Justice Sharma further directed that in case any amount is drawn for such illegal appointees, it will be duty of the Education Department to recover this amount from the officer, who has made illegal payment to the appointees besides initiating disciplinary action.

These directions were passed while dismissing a writ petiton filed by Vandana Sudan and others through Advocate R K Gupta, who had challenged the appointments made by the Chief Education Officer, Poonch against the post of Laboratory Assistants on the recommendations of the then Education Minister.

The petitioner's grievance was that Recruitment Board invited applications for four posts of Lab Assistants in March 1998. However, before the interview coud be conducted, the CEO, Poonch appointed 32 persons on the recommendations of then Education Minister, till the posts were regularised or filled up by the competent authority. The petitioners called in question the authority of the officer and the Minister to make such appointments.

On behalf of the Respondent-Education Department, Mr D S Chauhan Advocate submitted that these appointments were only for 89 days and the term has not been extended by the Government.

Mr Justice Sharma observed that it appeared that the CEO got un-nerved with the public outcry against his arbitrary and illegal action and he thus issued orders on 17th July 1989 restricting the period of appointments to 89 days. The period has already expired so those appointed cannot continue on the basis of that said order and also by subsequent order by the Government. The writ petition was dismissed being infractuous but with the above said directions.

Police launches vigorous campaign against militants

Excelsior Correspondent

JAMMU, Mar 7: In the vigorous campaign to alert, educate and make the people aware of the evil designs of the enemy, the Jammu police has now tapped the hidden power in the students.

The DIG Jammu/Kathua Range Dr S P Vaid has been personally visiting academic institutions and delivering security related talks to the students. The students responded whole heartedly supporting the cause of the nation and have assured full co-operation.

The students will keep an alertness n their localities for any suspicious persons, inform the police immediately. Besides they will come out in full support during any crisis. The police has also been mobilizing, activating Civil Defence Committee's Organizing Mohalla Committees etc.

HC upholds 20 pc quota of Dip Enggs in promotions

Excelsior Legal Correspondent

JAMMU, Mar 7: State High Court has dismissed the Writ Petitions filed by the Degree Holder Engineers and up-held SRO-209 of the State Government which provides for 20% quota to Diploma Holders for promotion to the posts of Assistant Engineers and Executive Engineers.

The Degree Holders and Diploma Holders were fighting a legal battle regarding the validity of SRO 209 fixing the quota of promotios as 80% for Degree Holders with seven years of experience and 20% for Diploma Holders with ten years of experience.

The Degree Holder had challenged the validity and constitutionally of SRO 209 through Writ Petitions filed by ML Kaul and others and Gurcharan Singh and others through Senior Advocates A V Gupta and Mr Promod Kohli.

The Diploma Holders through their association "All J&K Diploma Engineers Association filed five writ petitions represented by R S Jasrotia, president; R K Kohli, vice president and Yugal Kishore, general secretary through Advocate D C Raina. The Diploma Holders have been given 20% quota in promotions from JE to AEE and from AEE to Executive Engineers etc.

The challenge to the SRO from Degree Holders was that once two categories merged and form a common cadre then no distinction can be made viz a viz original qualification in the matter of promotion.

On behalf of the Diploma Holders, it was urged that the change has been brought by the Govt with full application of mind. This has been done because otherwise a Diploma holder would have no chance of promotion to the Higher post and he would ultimately retire at the level of Junior Engineer or Assistant Engineer and thus with a view to mitigate the hardship and remove stagnation the SRO has been issued.

Mr Justice T S Doabia, while up-holding the constitutionality of SRO 209, observed that the Rule making authority was well within its right to make a classification and this has been rightly done. The rule has been rightly worded because it operates for the benefit of both the categories. There is rationale in the rules in question, thus the arguments of the learned counsel for Degree holders is found without merits.

The writ petitions of Diploma Holders were disposed of with a direction that the Respondents-State would adhere to the rules in letter and spirit.

Mrs Seema Shekhar and Baldev Singh, Government Advocates appeared for the State.

32 fake appointments made by CMO
Jammu being investigated: Qayoom

Excelsior Correspondent

JAMMU, Mar 7: Surcharged atmosphere prevailed in the State Legislative Council today again when almost all members expressed their dissatisfaction over the reply given to them by the Leader of the House, Mr Abdul Qayoom to a question of S M Gill regarding the fake appointments made by CMO Jammu.

As the Minister of Health and Medical Education, Mr Mian Altaf was not present in the House, Mr Qayoom stood up to reply on his behalf. However, it seemed that he had not done the enough home task before coming to the House today also.

The Minister no doubt in his reply informed the House that 32 fake appointments have been made by the CMO Jammu could not satisfy the members when they through their supplementaries wanted to know whether action has been taken against these employees and the accused.

In reply to a supplementary of Mr Mohammed Sadiq of National Conference who wanted to know whether the services of these 32 employees have been terminated the Minister made a double talk first he said "Zahir Hai terminate Huyay Hongay"(it is obvious that they might have been terminated) and then the matter is under investigation.

This was strongly objected by his Party Colleague Mr Firdous Syed who alleged that the Government was making a double talk. He also demanded presence of concerned Minister in the House. Joining him Mr Mohammed Sadiq wanted to know on what stage the investigation is.

The NC Member said the Government can take the finger prints, check the hand writing and within 10 days it can be ascertained whether these are the signatures of CMO or not.

He further said if the appointments are proved fake then the jobs can be terminated, however harping on the same thing the Minister said the matter is under investigation and action against the culprits will be taken after the investigations are over.

Mr Firdous Syed again stood up from his chair and said that the Government was hand in glove with it. He demanded suspension of the employees.

Intervening in the debate the Chief Minister Dr Farooq Abdullah assured the House that the pay of the employees will be recovered if their appointments were proved fake.

Earlier Mr Gill in a supplementary said that a tout involved in the scam often remains in jail for days together.

Supporting him Mr Kotwal of BJP said the culprit who continues such activities evades the action.

Replying to the supplementaries the Minister told the House that during June 1999 a complaint in this regard was received by the Government and as an immediate action, the CMO Jammu Mr Mohammed Yakoob Dar was attached with the Directorate of Health Services Srinagar.

He also informed the House that F I R has been lodged in the Police Chowki, Bus Stand, Jammu on August 16, 1999.

Second Tawi bridge to be ready by Sept : Sagar

Excelsior Correspondent

JAMMU, Mar 7: The construction of second bridge on Tawi in Jammu will be completed by December this year. This was stated by the Minister for Works, Mr Ali Mohammed Sagar in reply to a question by Mrs Zubaida Salaria in the Legislative Assembly here today.

Mrs Salaria said that to cope with the rush of traffic on the existing Tawi bridge, the work on the second bridge should be expedited.

Explaining the delay in its execution, the Minister informed that the construction firm backed out and so the work has been entrusted to J&K Projects Construction Corporation now. Mr Sagar said though it is scheduled to be completed in December but efforts are on to get it ready by September end this year.

In a supplementary, Mr Piara Singh, BJP MLA pointed out that a number of encroachments have been made on the circular road approaching the new bridge and the action being taken to effectively checking it. While Mr Harsh Dev Singh, in a supplementary, wanted to know why penalty was not imposed on the contractor firm.

The Minister, in his reply, said the Deputy Commissioner and the Chief Engineer concerned have been informed about the encroachments. The firm responsible for the earlier construction of bridge — Banka Consruction Ltd has been paid a total of Rs 5.64 crore for the work done.

Dogri Folk-literature rich with environment references

Excelsior Correspondent

JAMMU, Mar 7: Dogri Folk-literature has rich traditions of nature and environment, said Dr Veena Gupta in here paper during the one-day seminar on ‘Environment Awareness in Dogri Folk-literature", here today.

The seminar in which Prof Y R Malhotra, MLC and former Vice-Chancellor was chief guest was organised by the Post-Graduate Department of Dogri.

The Registrar, Prof Zahoor-ud- Din presided over the day long seminar. It was sponsored by Worldwide Fund for Nature’s Jammu and Kashmir branch.

The four papers read at the seminar pinpointed the references in the folk-literature of Dogri Language. Those who made presentation were : Prof Veena Gupta, Head, Dogri Department, Dr Arpana Kesar, Dr Shashi Pathania and Dr Shiv Dev Singh Manhas.

A slide presentation on the flora and fauna of Duggar was made which was highly appreciated.

Prof Malhotra stressed the need for creating awareness among the people about all aspects of environment and maintaining ecological balance. He said this part of the country, endowed with natural bounty, has flora, fauna and forest wealth.

He appreciated that the Dogri Department of the University and WWF for having organised such an educative programme.

The Registrar, Prof Zahoor-ud-Din underscored the importance of spreading greater awareness about environment.

A number of students, prominent citizens and literary figures were present.

Public Puzzle
Personal liberty and its limitations

Observe any newspaper or magazine, we see reports with the headings such as; Protests against shooting of ‘Water’; Demonstration in favour of ‘Water’; College girls asked not to wear jeans; College girls rough up Principal for not allowing them to wear jeans; Lovers celebrate Valentine’s Day; Couples roughed up by cultural brigade for observing Valentine’s Day, and so on.

As one goes through such news items, a puzzle usually grips the mind; what is good and what is bad or what is right and what is wrong? Should some individuals be allowed to take the law in their hands for enforcement of their self-made cultural codes? Should the shooting of films like ‘Water’ be allowed on the name of right of expression and personal liberty? What are the limitations of personal liberty? Are jeans a threat to our rich centuries old culture or is Indian culture so weak that mere jeans can ravage it? Does the occurance of such incidents mean rise of cultural awareness or beginning the era of cultural terrorism?

These are the puzzles that confuse a commoner’s opinion and imposes a question mark before his decision to vote for.

Variously, general people try to ignore such topics on the plea that the issues are philosophical and have little impact on our routine life. But there are certain issues that we counter in our day-to-day life and they puzzle us in making decisions regarding them.

Conflict of thoughts between elders and younger generation over the personal liberty had have remained a very common phenomenon. Whether it is a living style, fashion, dresses, love marriages, making career or approach towards the current issues, we find a wide gap over thinking between different generations.

Sometimes, this thinking gap widens to the extent of revolt by youngsters against the elders. An urge among the young generation to live the life king size is sensed as something disastrous by the veterans.

Majority of elders have the impression that they are more capable to understand things thoroughly while the younger generation is not experienced enough to get to the bottom of the prominent issues. That is why they prefer imposing decisions on younger generation without consulting them.

Westernisation in guise of modernisation is the issue that nervous most our veterans and they fear that it would distance the new generation from their cultural traditions.

On the other hand, youngsters feel that elders should not impose their decisions on new generation’s likings or dislikings since they are mature enough to differentiate between right and wrong.

However, we don’t want to discuss here the thinking gap between the two generations but only find out the criteria which makes a thing good or bad and the limitations of personal liberty.

We are familiar to a well-known saying that nothing is good or bad, only thinking makes it so. It seems to be right since something considered good or right in one society or by someone may be taken as immoral elsewhere by someone else. For example ‘Burqa’ being regarded as a cultural symbol and good in Arab countries, is looked as a mark of slavery and women’s inequality in Western society. Whereas, the Western female dresses like jeans, shorts or skirts are considered highly objectionable and immoral in the Muslim world. Here in such matters, the Einestien’s theory of relativity applies.

But some people don’t agree with this theory. They believe that there are fixed norms that make things good or bad and the society must follow these yardsticks to maintain the social order. They feel that if things start becoming good or bad with the thinking of an individual, the entire social structure would collapse resulting into a confusion. Since man is a Social animal, if it does not remain social, there would be no difference between a man and an animal.

However, if a person is bound to act as per set norms of the society then where is the scope of personal liberty of an individual.

Hence the question remains there that what is the criteria of being a thing good or bad. Once a disciple of Hazrat Mohammed put the same question before him and wanted to know the limitations of the personal liberty of an individual. How much a person is free to act as per his own wishes and what is the limit of his liberty? he asked.

Hazrat Mohammed told the disciple to lift his one foot and the latter did it. The prophet asked him to raise the lifted foot more and more and a stage came when the disciple said that he could not lift it more. But Mohammed insisted on to do it and as the disciple attempted to lift the foot more, he fell down. "This is the limit of your personal liberty, where you start falling" said the Prophet.

Nishikant Khajuria

Zero Hour in Council
Security for minorities in Valley demanded

Excelsior Correspondent

JAMMU, Mar 7: National Conference MLC, Mr Bhushan Lal Bhat has demanded security for the minorities living in Kashmir Valley in view of the increasing militant attacks on them.

The member who was participating in the Zero Hour discussions said that the minorities living in Valley are scared due to increasing attacks of militants. He said Pakistan is trying its best to create a communal tension in the state during the forthcoming visit of US President, Mr Bill Clinton and her designs should be frustrated at all costs.

Maj Gen (retd) Goverdhan Singh Jamwal demanded release of pension in favour of ex-servicemen of J&K Malitia who have been deprived of it for last five months.

Qari Mohammed Aziz of NC expressed concern over the shortage of medical assistants and nursing orderlies in Kargil saying that the nursing orderlies have been engaged as drivers for the departmental vehicles.

Mr Mohammed Aslam of NC demanded construction of shelter houses for the people who become the victims of cross border firing while Mr S M Gill demanded renovation of Bus Stand and covering of the drainage nullah which flows from the vicinity.

Mahasha Veerchand demanded compensation who suffered from cross border firing in Samba and Mr Mohammed Sadiq expressed concern over non availability of doctors in far flung and backward areas.

Mr G N Shaheen demand renovation of MLA Hostel building the condition of which he said is worst while his Party colleague Miss Shamima stressed on reservation of 40 percent quota for women in Government services from Class fourth to KAS level.

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