LG takes call on Dr Jitendra’s intervention
Nishikant Khajuria
JAMMU, June 15: In a very significant and positive development , the Union Territory Government today decided that fresh recruitments will not be made as per SRO-202 rules while for the existing appointments under this controversial SRO , the probation period has been reduced to two years.
The decision in this regard was taken during the Administrative Council meeting, chaired by Lt Governor G C Murmu and held here this evening, conveyed the J&K Government Spokesperson, Rohit Kansal in a tweet.
“Administrative Council chaired by LG Sh G C Murmu takes historic decision. No fresh appointments under SRO-202. Probation period of old appointees reduced from 5 to 2 years. Massive step towards employee welfare,” he tweeted.
Earlier, Union Minister in the PMO and MoS (Independent Charge), Dr Jitendra Singh tweeted that LG G C Murmu had called him up to convey that as suggested to him, SRO-202 will not be indicated in the new recruitment rules and for the existing appointees under SRO-202, the probation period has been reduced to two years.
There was widespread criticism of the SRO-202, also known as J&K Special Recruitment Rules 2015, which prescribed that a person shall be on a probation of 5 years and during this period, the appointee shall be entitled to only the basic pay and not any of the allowances.
Besides the employees, all political parties were highly critical of these discriminatory `Special Recruitment Rules’ and even Union Minister Dr Jitendra Singh had publically announced that SRO-202 was incompatible in the new set up, particularly after abrogation of Article 370 and setting up of Union Territory.
While the J&K local BJP leadership was avoiding to take a clear stand on this burning issue , Dr Jitendra Singh had categorically declared on June 8, during the inauguration of CAT Bench in Jammu, that SRO-202 was incompatible with the new scheme of things and needed to be revisited by the LG Administration and make appropriate amendments for welfare of the employees. He had also stated that the issue had been discussed with J&K LG GC Murmu and that SRO 202 will be reviewed immediately.
Official sources told the Excelsior that following Dr Jitendra Singh’s intervention, the LG administration started collecting data on the SRO-202 appointees across J&K the very next day, besides working out financial implications due to a review in the Recruitment Rules.
After a week- long exercise in this regard, the Administrative Council today approved the necessary modification and decided that the fresh appointments shall not be made under SRO-202 while probation period of old appointees under this category has been reduced from five years to two years.
It may be recalled that the Special Recruitment Rules (SRO-202) were issued on June 30, 2015 by then PDP-BJP Government under the powers conferred by the proviso to Section 124 of the erstwhile Constitution of Jammu and Kashmir. As per the SRO, these rules are applicable to all Non-Gazetted posts borne on the establishment of any department or service 111 of the Government and such Gazetted post, as may be notified by the Government from time to time.
Even as the standard recruitment rules provide only for two years of probation, SRO -202 says that the appointee under Special Recruitment Rules will initially serve probation period for five years and only after completion of this , his service will be declared as permanent subject to passing of such tests, or successfully undergoing such training, as provided under the Jammu and Kashmir Civil Services (Classification, Control and Appeal) Rules, 1956 or as prescribed under the relevant recruitment rules governing the post of service to which he has been appointed.
Further, the SRO-202 appointees have to necessarily work for a period of five years on the post against which he has been appointed and such appointee will not be eligible for transfer for whatsoever reason during the temporary service of five years. Provided that any person appointed against any available vacancy on the basis of being a resident of backward area or an area adjoining Line of Actual Control shall serve in such areas for a period of not less than seven years.
However, the most frustrating part of this recruitment rule is that during the period of first five years, the appointee will not be entitled for any allowances but only to the minimum of scale of pay along with the grade pay applicable to the post against which he is appointed.
Terming the SRO- 202 as discriminatory and anti-youth, the employees recruited under SRO 202, have had been agitating demanding revocation of these rules. They alleged that these rules are violation of minimum wages Act of SRO- 460, dated 26 October 2017 and also violation of Supreme Court judgment of equal pay for equal work. Further, the SRO 202 was formulated under the Constitution of erstwhile State of J&K, which has been now replaced by the Indian constitution and law directly applicable to Jammu and Kashmir after the abrogation of Article 370.
In the month of December 2019, Law Commission headed by Justice (retired) M K Hanjura had recommended reduction in probation period from five to two years under SRO-202. Coming down heavily on makers of this SRO, the Commission in its report submitted to Chief Secretary BVR Subrahmanyam said: “They kept the Sword of Damocles hanging high on the heads of this set of employees.”
The Law Commission recommended that words “five years” wherever appear in SRO-202 shall be replaced with “two years” which will not only be in tune and in line with Office Memorandum of Department of Personnel and Training, Government of India, but will also be in consonance with the evolved concept of justice and equality.
“Those employees who have completed two years of probation on the date of the promulgation of Jammu and Kashmir Re-organisation Act 2019 may be regularized subject to the conditions laid down in the SRO and the cases of those employees who will be completing two years of probation on any future date may be taken up for such consideration on such dates,” the Law Commission had recommended.
Follow our WhatsApp channel
