Roadmap based on Mir Committee report
SRINAGAR, Sept 19: The State Administrative Council (SAC) which met under the chairmanship of Governor, Satya Pal Malik has approved a comprehensive roadmap proposed by the Home Department for resolution of two and a half decade old seniority dispute in the Jammu and Kashmir Police (Gazetted) Service.
The roadmap is based on the recommendations of a High Level Committee known as ‘Mir Committee’.
The seniority dispute between direct recruit SIs of 1979 batch, direct recruit DySPs of 1999 batch of the Jammu and Kashmir Police (Gazetted) Service and the departmental officers had its origin to the retrospective promotion of ASIs (departmental) to the rank of SIs in 1985 and their subsequent promotion as DySPs and SSPs.
Under Court orders, the Home Department set up various Committees from time to time to examine the matter in its entirety. With a view to resolving the issue in its right perspective while safeguarding the interests of all stakeholders as far as possible, the Home Department constituted a Committee under the Chairmanship of A G Mir, ADGP to hold consultations with all stakeholders for suggesting a concrete roadmap for resolving the seniority dispute of the members of the Jammu and Kashmir Police (Gazetted) Service in light of the orders of the High Court passed in various writ petitions and relevant rules.
The High Level Committee suggested a comprehensive roadmap for resolution of the seniority dispute, review of the promotions at DySPs and SPs level in accordance with the parameters like eligibility, length of service, date of vacancy, applicable reservation rules, operation of reserves in terms of SRO 210 of 1994 besides the number of posts allocable to direct quota and promotion quota.
The Home Department after due examination of the report of the Committee has proposed review of the dates of promotion of the members of the Jammu and Kashmir Police (Gazetted) Service at DySPs level w.e.f. 01.01.1994 to 31.12.1999, notification of final seniority list of members of the Jammu and Kashmir Police (Gazetted) Service at DySPs (Executive) level as on 01.01.2000 and review of their dates of promotion at SP level based on the said seniority; review of the dates of promotion of the members of the Jammu and Kashmir Police (Gazetted) Service at DySP level w.e.f. 01.02.2000 to 01.07.2003 and promotion of Incharge DySPs as DySPs w.e.f. 01.07.2003 to 02.01.2009.
SAC has approved the proposal with the authorization that in the event any adjustment or alteration is required in any of the lists, the same may be got approved in coordination. The Home Department will issue necessary orders in respect of proposal approved by SAC without reference of PSC as an exception keeping in view the prolonged delay which had given rise to a demotivating effect to the Police cadres and a simmering discontent among the police officers who retired as Incharge DySPs or Incharge SPs without having their promotion regularised and pensionary benefits authorized in the promoted post.
The SAC decision will enable the Government in the Home Department to regularise the promotion of the officers who have been working under challenging circumstances over the last three decades. The SAC decision also provides that no recovery of monetary benefits drawn will be made from the officers whose promotion gets post-dated upon review of promotion either at DySP or SP level in accordance with the Supreme Court orders. Such officers whose promotion at DySP or SP level will get pre-dated, will be entitled to benefit of promotion on notional basis.
With this decision, the adhocism in the Jammu and Kashmir Police (Gazetted) Service will end. The service will be streamlined with review of promotions at DySP and SP level in accordance with the eligibility, availability of vacancy, extent rules and Court orders. This will also enable the Home Department to notify the seniority at SP level, which is the basic ingredient for considering promotions within the Jammu and Kashmir Police (Gazetted) Service to the level of DIG and IG and also inductions to IPS.
It would be pertinent to mention here that there are over 40 vacancies as on date in the promotion quota of IPS of J&K cadre at 50% dispensation. Therefore, the settlement of this seniority dispute will not only help to finalize proposals for UPSC in respect of vacancies of the previous years but also consider promotions to the level of DIG and IG within the Jammu and Kashmir Police (Gazetted) Service.
The move will also help the retired Incharge DySPs to get regularized as DySPs and authorization of pensionary benefits as DySPs thereby addressing their long pending demand.