In strict observance of Article 85 of the Jammu and Kashmir Civil Services Rules, it is wrong to appoint a Government servant to higher post in his own cadre/line of promotion without observing the required formalities of clearance from Departmental Promotion Committee. Moreover, an appointment of this nature cannot continue beyond 6 month following which the filling of the vacancy is referred to the Public Service Commission for necessary action. If this remains undone and the Article is violated, is not Government answerable? Will not the Government cut a sorry figure on the lodgment of a PIL against it? The PSC has brought this and some more serious irregularities to the notice of the Government. There are other major flaws particularly about providing the PSC with necessary documents needed to finalize advertisement of posts, calling the candidates for interview and making the selection either of new entrants or promotional candidates. From what has forced the PDC to write a critical letter to the Government it appears that largely, the Government bypasses the Commission and shows favour to blue-eyed boys in one way or the other but in contravention of rules.
More often than not, the Departments fail to forward the PSC seniority lists of their respective functionaries, which become a hindrance for the PSC to do justice to the candidates in cases of promotion. Each year the PSC sends its annual report to the Government, which is an overview of its performance, and it contains various suggestions to improve the functionality of the Commission in accordance with the rules and regulation. However, the Government attaches no importance to these recommendations: and has never taken them seriously to improve overall functioning of the PSC. It is true that once the General Administrative Department did issue instructions to the departments to enforce the suggestions of the PDC sent from time to time but the departments have not cared to respond. The practice of making ad hoc appointments and extended the terms of service of some functionaries may be a stop gap arrangement that Government makes in view of running the administration but that is only a stop-gap arrangement which the administrative organs try to convert into permanent arranging at the end of the day. The Commission maintains that complete transparency needs to be maintained in the employment of gazetted officers, which also means that the Commission should be in full know of their antecedents, assets and other things. That is why the Commission angrily notes, “Year and again recommendations are made in the Annual Reports highlighting the documents required for the fast disposal of cases of promotion and recruitment by interviews but these have not been heeded to by a number of departments. It has to be noted that thousands of vacancies in gazetted as well as non gazetted cadres remain vacant and unfilled essentially because of want of necessary documents that the departments are required to provide to the Commission. This is bound to have adverse impact on the administrative efficiency and how can we expect good governance when so many irregularities appear in the system. Sticking to rules, the Commission rightly points out that majority of promotion cases remain pending for want of issuance of a final seniority list, annual performance reports, integrity certificates, recruitment rules and the year-wise break-up of vacancies with reference to the cause of vacancies etc. The Commission had pointedly mentioned Health and Family Welfare, Public Works and Revenue Departments in particular as having made OPG arrangement on pick and choose basis reiterating that this pick and choose policy is not only unfair and detrimental to those left out, but also results in litigations and invariable adverse orders from the courts. Grades released by the Administrative Departments like Industries and Commerce, Agriculture, Sericulture and Tourism without consulting the DPC/PSC, is a decision against the statutory rules. Even appointments or promotions made in cases of Backward Classes, the Reservation Rules desk bookstand violated.
In view of this long litany of unmitigated complaints of the Public Service Commission, an impression is that the PSC stands relegated to backburner and its utility is equal to nothing. By an Act of legislature in 1957, the PSC came into being with its powers and jurisdiction clearly set forth. This is violation of human laws because many aspirants are sidelined and their rights violated when the Act is subverted. We hope that the present government will take an objective look at things and restore the PSC to its constitutional status.
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