Law officer transferred year ago, fails to shift
Fayaz Bukhari
Srinagar, Mar 17: In brazen violation of rules and an act of favouritism, an employee in Technical Education Department was regularized and illegally promoted while 40 others including his seniors are still awaiting regularization. This is being attributed to Law Officer in the Department who favoured his brother and is still in the department when he was transferred over a year ago.
These employees were appointed in the Technical Education Department on adhoc arrangements or at consolidated pay between 1985 to 1999. In order to regularize the adhoc, contractual and consolidated pay employees in various departments, State Government passed an Act, Jammu and Kashmir Civil Services (Special Provisions) Act 2010 to benefit hundreds of employees.
One, Aijaz Maqbool son of Mohammad Maqbool, who was engaged (order No. 379 of1995 dated 26-06-1995) for conducting drawing classes in ITI Shopian in Technical Education Department was regularized but others including his seniors were left out.
Aijaz Maqbool was temporarily engaged (Order No. 379 of 1995 dated 27-06-1995) for conducting drawing classes in ITI Shopian in 1995. He was later attached to ITI Tral and then permanently shifted (Order No. 360 of 2002 dated 24-10-2002) there.
He was regularized (No. A/105 (10) -124/13 dated 24-12-2013) six year ago when he was junior to several others who are yet to be regularized. His brother, Mudasir Maqbool Bhat, who is Law officer in the department send only two cases to the Empowered Committee whose meeting for regularization of Adhoc, contractual and consolidated was held on 30-11-2013 under the convenership of Principal Secretary Finance Department. The other case was of Farooq Ahmad Malik, driver in the department.
Not only this in Governor’s rule, he managed to illegally place (Govt order No. 88: Edu (Tech) of 2018 dated 19-07-2018) Aijaz Maqbool as I/C Superintendent (Technical) and then was transferred under same order and posted as Officer on Special Duty in the State Board of Technical Education.
The order of his elevation as Superintendent was later cancelled but not before he got stay from the High Court and is continuing to hold the post on the Court order. The cancellation order (Govt order No. 94: Edu (Tech) of 2018 dated 03-08-2018) of his appointment as I/C Superintendent read: ” In the interest of administration, the Government order No. 88: Edu (Tech) of 2018 dated 19-07-2018 issued vide endorsement No. Edu/Tech/ITI/45/2015 dated 19-07-2018 shall and always shall be deemed to have been cancelled in ab-initio.”
As per Non-Gazetted recruitment rules notified vide SRO-145 dated 10-04-2002, the Drawing Instructor has to be first elevated as Supervisor and then only he/she becomes feeding category for the post of Superintendent. Drawing Inspector having 5 years service in that category can be promoted to the post of Foreman, Supervisor, Group Instructor. And after serving as Supervisor for 5 more years then Supervisor can be promoted as Superintendent provided there is vacancy in the department.
The Director Codes, Finance Department (O.M No. PS/DC/Misc-245/15 dated 23-08-2015) in 2015 asked the Department to regularize 43 adhoc, contractual and consolidated pay employees in the Technical Education Department but so far no such orders have been issued. However, Neelam Kumari, who was Vocational Instructor was regularized (Order No. 661 of 2016 dated 14-10-2016) by the Technical Education Department under the directions of High Court with effect from 08-04-1995, the date she had qualified seven years service from the date of her adhoc appointment.
Later High Court (on SWP No. 296/2017 titled Ishrat Ahmad Zagar versus others MP No. 01/2017 on 09-03-2017) directed the Technical Education Department for the regularization of 42 other employees. The Law Department (U.O.No. LD(Lit) 2017/22-T.Edu dated 02-07-2018) also gave go ahead to the Technical Education Department to regularize the employees on the analogy of Neelam Kumari. But so far these employees are waiting for regularization orders.
On the other hand the Law officer Mudasir Maqbool Bhat who was last year transferred (Govt order No. 881-LD (Estt) of 2018 dated 08-02-2018) from the Department to Board of Professional Entrance Examination is illegally still in the department. “The above officers shall be deemed to have been relieved from the date of issuance of this order”, read the Government order.
Mudasir has also framed recruitment rules for the department which are tailor made for his brother but they have been stayed by the High Court. “…the respondent shall maintain status quo with reference to draft (Gazetted) recruitment rules of Technical Education department as submitted to the Public Service Commission…” read the HC order.
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