Excelsior Correspondent
Srinagar, Oct 11: High Court today directed for induction of employees of Lakes and Waterways Development Authority (LAWDA) in the organizational hierarchy by making necessary amendments in the relevant recruitment rules.
The employees, who are working as Helpers in J&K Lakes & Waterways Development Authority, Srinagar (LAWDA), have filed the instant writ petition seeking a direction upon the respondents to induct them in regular hierarchy of the LAWDA as per their qualification and job profile.
They have also sought a direction upon the respondents to formulate promotion policy so that the avenues of promotion are created for them with a further direction that the respondents should not make any promotion from Class IV posts till the petitioners are inducted in regular hierarchy in terms of Government Order No.257-F of 2008 dated 03.09.2008.
Justice Sanjay Dhar while allowing their plea directed the Government to do the needful as per Order No.257-F of 2008 dated 03.09.2008. “The exercise in this regard shall be undertaken by the respondents expeditiously within a period of two months from the date a copy of this order is produced by the petitioners before the respondents,” he added.
Court expressed serious concern on the failure of Commissioner Secretary H&UDD to tackle the issue and observed that he failed to gauge the urgency involved in the matter and remained satisfied with only filing the status report without taking up any follow up action.
“The present case is a classic example of lethargy, red-tapism and inertia in the functioning of Government officials at all levels and because of this attitude of respondents, the petitioners have not been able to get their dues even after 13 years and their legitimate rights have been denied”, court recorded in the judgment.
These employees were initially engaged on daily wage basis in Urban Engineering Environment Department of Government of Jammu and Kashmir in the year 1997 and with the creation of LAWDA, they were transferred to the establishment of the LAWDA.
In terms of SRO 64 of 1994, they came to be regularized as Helpers from time to time with effect from 01.04.1995 to 01.04.2001 on completion of seven years of service on daily wage basis.
According to them, the respondents were supposed to adjust the regularized Helpers against the regular posts available in the organizational hierarchy of LAWDA so as to offer them avenues of promotion to higher posts available in LAWDA. However, the same was not done by the respondents.
Justice Dhar recorded that pursuant to the implementation of policy notified vide SRO 64 of 1994, temporary posts were created over and above the normal strength of the departments with the aim to facilitate regularization of daily rated workers and it was expected that with the passage of time, number of these posts will diminish as the regularized Helpers would get absorbed in the regular cadre of the service.
Court said, however, the same did not happen even after the lapse of 14 years as a large number of Helpers could not be inducted in the regular hierarchy of their respective departments which compelled the then Government to issue the Order No.257-F of 2008 dated 03.09.2008 taking note of the aforesaid situation.
“It seems that respondents just slept over the matter and did not take steps in pursuance of the aforesaid Government Order for a pretty long time or even if they initiated the process but the follow up has been extremely tardy in the sense that the issue has not been resolved even after lapse of 13 years”, Justice Dhar recorded.
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