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J&K High Court bars Govt from filling advertised VLW posts
6/16/2022 11:30:44 PM
Asif Iqbal Naik

Early Times Report

Jammu, June 16: Giving relief to hundreds of MGNREGA employees working in Jammu and Kashmir since the inception of the centrally sponsored scheme some 15 years ago, the Hon’ble High Court of Jammu & Kashmir and Ladakh stayed the advertisement notification No. 03 of 2022 dated 26-05-2022 of Service Selection Board whereby the post of panchayat secretary in RDD Department had been advertised by the SSRB. As per the details available with Early Times, The counsel for the petitioners under Article 226 of constitution of India, the subject matter pertains from 3 Districts of Union Territory of Jammu and Kashmir viz Doda, Kishtwar and Poonch through petitioners Shafket Ali, Age 36 years S/o Shamas Din R/o Changa Bhalessa, Tehsil Bhalessa, District Doda, Shakir Hussain S/o Farid Hussain R/ village thakraie Tehsil & district Kishtwar (WPC No 1317/2022) & Lal Hussain S/o Ghulam Hussain R/o Haveli District Poonch, Petitioner in WPC No 1323/2022 through counsel N.D.Qazi submitted before High Court that petitioners were initially appointed as GRS for a term of one year. Their continuation was subject to their performances and the Respondents after analysing the performances of petitioners have extended their term from time to time and as such petitioners are continuing in the department from last more than 10 years.
N D Qazi further submitted that the Government of UT of J&K through its Lt. Governor vide letter dated 11 June 2020 created a proposal for observation of contractual staff on regular basis, this communication set into motion the administrative machinery giving rise to hope and expectations of the petitioners for their regularisation and the RDD department have also formulated a proposal for Amendment in J&K Rural Development (Subordinate) Service Recruitment Rules 2007 issued vide SRO 178 dated 09-05-2007 whereby 50% quota has been reserved for promotion from Class-V Category A, B, C & D i.e. Plantation Supervisor/ Watcher, Malies, Mirabs and GRS under MGNREGA so Advocate Qazi submitted that till the cases of the petitioners are considered for regularisation by the respondents I.e Union Territory of Jammu & Kashmir through Principal Secretary to Govt Rural Development Department & Panchayati Raj Civil Secretariat, Jammu, Director, Rural Development Department, Jammu, District Programme Coordinator, Assistant Commissioner Development, Doda, Kishtwar & Poonch and Secretary, J&K Services Selection Board, Jammu that the impugned advertisement notification shall not be acted upon.
High Court after hearing the detailed arguments of Advocate N D Qazi, counsel for the petitioners whereby Hon’ble Justice Mohan Lal Manhas of J&K High Court Jammu issued notices to the RDD department & SSRB & Meanwhile, respondent are directed not to fill up any vacancy of Panchayat Secretary in Rural Development Department, District Cadre Kishtwar, Doda & Poonch in terms of advertisement notification No. 03 of 2022 dated 26.05.2022 unless and until the case of petitioners are considered for regularisation.
“Meanwhile, respondents are directed not to fill up any vacancy of Panchayat Secretary (Level-2) (VLW) in Rural Development Department, District Cadre Doda, Kishtwar & Pooch in terms of Advertisement notification No. 03 of 2022 dated 26.05.2022, unless and until the cases of petitioners are considered for regularisation. Copy of this order be furnished to learned counsel for the petitioners under the seal and signature of the Bench Secretary/Reader” read separate orders issued by the High Court.
Speaking to Early Times, GRS President Kishtwar Ajaiz Ahmed Sheikh said that they have given blood and sweet to the department since the inception of scheme and in return the successive governments fail to give anything in return to them and even fail to hike their salaries.
“We have been engaged in several other works other then MGNREGA- say it is elections, COVID, IHHL, 13th/14th FC and many other public importance work in the department- but they are being paid less as compared to the regular employees who works least when compared with the work they were entrusted” said Ajaiz Sheikh.
Sheikh said that they are pinning hope on the Honourable courts and are hopeful that government will take initiatives to regularise their services beside will enhance the salaries of MGNREGA employees working in different capacity in the department since over a decade.
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