Like our Facebook Page

Early Times Newspaper Jammu, Leading Newspaper Jammu
Breaking News :   After cricket scam reminder, Dr Abdullah talks ventilators! | Won’t be responsible if student catches COVID: SED to parents | Jammu becomes laboratory, Kashmir mulls winter vacation | Infighting in J&K Congress pushing party towards crossroads | Pvt schools give damn to no admission fee order | Illegal mining in Khrew: Wildlife Deptt initiates probe | Dy SP flaunts misuse of power, hijack a Whatsapp group clandestinely | For a change recoveries outnumber fresh COVID-19 cases; 1036 fresh cases, 1152 recover | To make J&K an oasis of talents is my dream: LG Sinha | BJP SC Morcha holds plantation drive | Senior PDP leaders meet for first time after revocation of special status | Youth Congress protests farm bills, threatens mass agitation | CII applauds relief package to revive business amid COVID-19 | RSETI organizes programme to rebuild rural entrepreneurship | YWBF announces Rakesh Sharma as President Samba district | AAP expresses concern over exclusion of Punjabi language | JKTA reiterates demands of teaching community | Programme on NEP organized | JMC installs POS to promote digital transitions | AWICT stages protest against GMC Jammu | BJP Jammu West unit releases ‘e-Book’ | Munish Gupta asks government to step in & solve problems of residents | JKRET Forum submits memorandum to DDC Rajouri | Highlight SC community issues, demand social & economic upliftment | Property worth lakhs destroyed in fire | Family of yet another youth appeals him to return home in Anantnag | AJKYF expresses concern over opening of schools | Militants attack CRPF ROP, no damage reported | Jat Mahasabha highlights long pending demands | AWSC expresses concern over prevailing healthcare situation in Jammu | ADC Bhaderwah seeks public cooperation in Covid control measures | BJP organizes public meeting at Kumi | PDP MP urges Rijiju to reinstate 200 trained coaches under PM package | Jan Abhiyan witnesses series of activities across Kathua on day 12 | DSEJ organizes webinar on ‘School Reopening Program’ | UDA opposes reopening of schools, demands mass promotion of students | CJ inaugurates new facilities at Central Jail Srinagar | DDC Ramban reviews working of health department | GDC Vijaypur organizes online programme | Jan Abhiyan: Horticulture Director listens to people’s issues at Nud | VRS Union reiterates demand to release pending dues | RMPS organizes inter-school activity | GDC Kishtwar organises plantation drive | Eminence of Punjabi in J&K unquestionable: Kavinder | Fear-stricken parents discourage wards to attend classes amid COVID-19 | Despite ban two teachers of Rajouri district enjoy attachment at Jammu | Schools reopen with few students amid Covid-19 scare in Jammu | Govt. constitutes committee for deciding complaints pertaining to encroachment of forest land, property | Schools reopen in Kishtwar, students stay away | Navin e-launches National Animal Disease Control Programme | Govt signs MoU with Army to operationalize Kishtwar Airstrip | All Parents Association Jammu demands withdrawal of schools reopening order | Panel formed to strengthen COVID-control measures at GMC Jammu | Fast-unto-death by KPSS president in support of demands continues | CBI Court rejects bail of AD of BCAS in trap case | HC quashes order of disengagement of SFC GA/Attendants | Farmers in Kathua generating good revenue, request govt to provide irrigation facilities | | Dulloo calls for close coordination to effectively deal with COVID-19 | Criminals, vandals being sheltered by unscrupulous officers: Harsh Dev | Back Issues  
news details
DB seeks comments from government to end adhocism
8/8/2020 11:31:24 PM
EArly Times Report

Jammu, Aug 8: A Division Bench of J&K High Court has sought comments from the government to end adhocism in the departments.
The division bench comprising Justice Rajesh Bindal and Justice Rajnesh Oswal while hearing a petition observed that because of adhocism lot of litigation is being generated, this court would like to seek comments from the government as to how this system can be put to an end and all recruitments and promotions are made strictly in terms of the rules governing the post and not incharge basis.
The system is being followed despite strict observations made by the Supreme Court way back in the year 2000 in the case of Suraj Parkash Gupta’s case. A High Level Committee was directed to be appointed to examine the entire issue.
The DB further directed that the report of the committee so appointed be also placed before the Court. For the present information would be required from all the departments giving the following details, total sanctioned cadre strength in each of the cadres, the notified service Rules governing the post, number of posts to be filled up from different sources, such as direct, promotional (giving source of feeder cadre wise, wherever relevant), deputation etc number of actual employees working in each of the cadres. Whether the incumbents holding the posts are regularly recruited or promoted as per rules or given charge of the post concerned. If any of the employee has been given charge of a higher post, the date from which he is continuing on that post and the substantive post held by him and seniority list of each cadre, as on which date and when the same was circulated before finalization. If any of the seniority lists are still under finalization, reasons for delay. The DB observed that a reference to the principles laid down by Hon’ble the Supreme Court in Suraj Prakash Gupta’s case (supra) is also relevant in the case in hand.
The DB further observed that what is seen in the then State of J&K and now the Union Territory of J&K is that the aforesaid judgment of the Supreme Court is being complied with less and violated more, as practically in all the departments, promotions are being made on incharge basis. This practice is prevalent more in engineering department. The reasons therefore are not unknown. How an employee, who is substantively working on the lowest post, can be given the charge of a highest post in the department without there being regular promotions. No one knows their seniority position. It is the local adjustment made claiming that he is senior most available and there being a vacancy, he should be given charge of that. These employees continue working on that post for years together and whenever any transfer is sought to be made, they approach the court and persuade to grant interim relief and as a result of that, continue on the same position for years together. This course adopted by the different departments is generating avoidable litigation as many of the employees approach the court raising the plea that they are senior to the person who has been given charge of some higher post. Not only this such a course also demoralizes other employees in the department. This is resulting in adhocism in the working of different departments of the government. The duties, which are required to be discharged by senior and experienced persons is being handed over to the juniors.
The DB observed that the controversy in the case inhand, the petitioner is aggrieved of the order passed by the Tribunal refusing to grant interim relief to him. He claimed that he was given the charge of the post of Executive Engineer, hence, could not have been reverted to the post of Assistant Executive Engineer, without affording him an opportunity of hearing. The fact remains that in support of his plea that he was ever given charge of the post of Executive Engineer, there is no document produced on record by him except order dated 28.05.2019, vide which he was given the powers of Drawing and Disbursing Officer in respect of Engineering Division of Urban Local Bodies, Kashmir on account of retirement of the Executive Engineer working there. The same cannot be termed to be an order giving charge of the post of Executive Engineer to him to claim that before asking him to discharge the duties of I/c AEE, he should have been afforded an opportunity of hearing. Substantively the petitioner is Assistant Engineer.
The DB further observed that in the absence of any supportive documents to show that the petitioner was ever given the charge of post of Executive Engineer no prima facie, case is made out in his favour to grant him an interim relief. There is no error in the order passed by the Tribunal. JNF
  Share This News with Your Friends on Social Network  
  Comment on this Story  
Early Times Android App
BSE Sensex
NSE Nifty
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
J&K Govt. Official website
Jammu Kashmir Tourism
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
Train Enquiry
Jammu Kashmir Bank
State Bank of India
Passport Department
Income Tax Department
IT Education
Web Site Design Services
Jammu University
Jammu University Results
Kashmir University
IGNOU Jammu Center