Excelsior Correspondent
Srinagar, June 12: The Central Administrative Tribunal (CAT) has issued notice to the Government and sought reply to the plea seeking quashing the seniority list of Junior Engineers in the Public Works Department by excluding the migrant JEs appointed under Prime Minister’s Special Package Scheme.
That Commissioner/ Secretary to Government, Public Works (R&B) Department) J&K vide Government Order No.187-PW(R&B) of 2021 dated 21.05.2021 issued a Final Seniority List of Junior Engineer (Mechanical-Degree Holders) of Public Works (R&B) Department by excluding the appointees under the Prime Minister’s Special Package including the aggrieved-Engineers have maintained the interim arrangement of their seniority separately.
The CAT after hearing the counsel for aggrieved migrant Engineers for a while issued notice to Commissioner Secretaries of GAD, PWD, DMRRR and Chief Engineer, Mechanical Engineering Department Kashmir Division for filing of objections to the contentions raised in the plea by June 16 and ordered listing for the case on the said date for further consideration.
Fifty three aggrieved engineers have approached the CAT seeking quashing of the 537 engineers who have been shown in the Final Seniority list issued by the Commissioner Secretary PWD on May 21.
The aggrieved-migrant Engineers further submitted that the General Administration Department vide Government Order No.292-JK(GAD) of 2020 dated 31.03.2021 has constituted a Committee in order to settle the issue of the seniority of employees who have been appointed under the Prime Minister’s Special Package in different Departments in Union Territory of Jammu & Kashmir and the Committee so constituted had been directed to submit its report to the Government within a period of 15 days.
The Migrant engineers are aggrieved of the Order bearing No.187-PW(R&B) of 2021 dated 21.05.2021 and the Constitution of Committee vide Government Order No. No. 292-JK(GAD) of 2021 dated 31.03.2021 on the ground that the creation of supernumerary Posts under the Prime Minister’s Special Package is only aimed at providing employment by way of Special Recruitment to Kashmiri Migrants.
The migrant aggrieved Engineers had migrated in early nineties from Valley of Kashmir to rest parts of the Country in view of the deteriorated law and order situation and Government of India in order to safeguard and protect the lives of these migrants made provisions for registration of all such persons.
In this respect, Secretary to Government, Department of Disaster Management, Relief, Rehabilitation and Reconstruction came to be specifically entrusted with the job of registering all such persons so that different benefits and Schemes for their welfare could be provided to them.
Furthermore, the Government of India in order to provide special benefits to the migrants has formulated a Special Package known as “Prime Minister’s Package for Return & Rehabilitation of Kashmiri Migrants to Kashmir Valley”.
The said package has made provisions for providing the residential facilities and also the Special Package providing employment opportunities for the Kashmiri Migrants vide Government Order dated 26.10.2009.
For the purpose of carrying out a Special Recruitment Drive, the Government of Jammu and Kashmir notified vide SRO 412 of 2009, the Jammu and Kashmir, Kashmiri Migrants (Special Drive) Recruitment Rules , 2009 aimed at carrying the Special Recruitment of the Kashmiri Migrants.
In 2010, in terms of an Advertisement Notice bearing No.01 of 2010 dated 12.01.2010 that 2045 Posts were advertised under the Jammu & Kashmiri Migrant’s (Special Drive) Recruitment Rules 2009 for filling up the Posts of Junior Engineers Grade-II (Mechanical) and the aggrieved applicants subsequent to make their Applications to the said Advertisement Notifications came to be appointed in the as Junior Engineers.
The aggrieved persons through senior advocate Qadri submitted that meantime the authorities made the interim arrangement of the seniority of the engineers, who are the beneficiaries of the Prime Minister’s Special Package including the aggrieved-candidates vide Government Order No.115-PW(R&B) of 2021 dated 24.03.2021 whereby tentative list seniority of JEs was prepared.
The authorities in terms of the impugned Orders have racked up an issue of the fixation of seniority of the employees engaged under the Prime Minister’s Special Package for fixing their seniority other than the existent cadre of the Department and treated the aggrieved engineers as a different cadre.
They submitted that the entire object for making Special Provisions for providing Special Recruitment benefit to Kashmiri Migrants on part of the Government of India was to help the said community to reintegrate in the Valley of Kashmir and the benefit of Special Employment Package was never intended for creating a different category of employees within the existent cadre strength of various departments, who shall not be entitled for the service benefits including promotional avenues in accordance to the existent Statutory Rules.
They pray that they be included in the impugned Final Seniority List of Junior Engineer (Mechanical Degree Holders) of the by preparing a composite Final Seniority List of Junior Engineers (Mechanical-Degree Holders) in accordance to the serial of seniority.
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