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| Govt relaxes conditions for RBA, LoC category beneficiaries; termination from service made conditional | | | Syed Junaid Hashmi
JAMMU, Sept 24: Jammu and Kashmir Government has gone back on the issue of posting of beneficiaries of two categories i.e. residents of backward areas and areas adjoining the Line of Control (LoC) to their respective rural areas.
According to a circular issued by General Administration Department (GAD), the condition of an RBA or Actual LoC category beneficiary serving in the rural area for seven years of his initial years in service has been made conditional. Besides this, action against the category beneficiary candidate refusing to serve in a rural area or areas near the Line of Control (LoC) has also been relaxed.
Fresh guidelines are actually additions to Subsections (2) and (3) of Section 3 of Jammu and Kashmir Reservation Act-2004. The sub-section 2 which states that notwithstanding anything to the contrary contained in any law for the time being in force, any person appointed against any available vacancy on the basis of his being a resident of backward area or an area adjoining Line of Actual Control shall serve in such areas for a period of not less than seven years.
A sub-clause has been added which states that in case the post against which he has been appointed is not available in such area, he shall be posted in the nearest adjacent backward area, or nearest adjacent Line of Actual Control, as the case may be.
The sub-section 3 which states that any person who, after being appointed on the basis of reservation, declines to serve in the reserved area as provided under sub-section (2) shall be liable to termination from service. A sub-clause has been added to it which maintains that no order of termination shall be issued without affording a reasonable opportunity of being heard to such person.
Besides this, GAD has said that it was brought to the notice of the Chief Minister that persons appointed on the basis of reservation earmarked for backward areas and areas adjoining the Line of Actual Control are not serving in these areas, notwithstanding the fact that their appointment has been made on the basis of such reservation. On the proposal submitted by the Social Welfare Department, the issue was discussed in the meeting of the Cabinet on June 20, 2012.
Following this meeting, General Administration Department has issued fresh guidelines for operationalizing the statutory provisions. These include that all the departments shall identify posts located in the backward areas and areas adjoining the Line of Actual Control, departments shall verify as to whether such employees, who have been appointed against the quota reserved have served for a period of seven years in these areas and in case any of the such employees, who have not served, they shall be immediately posted in such areas and in case posts are not available in such areas, they shall be posted in the nearest area.
Apart from this, copies of such orders of transfer/posting be invariably endorsed to the General Administration Department and the Social Welfare Department. All the Administrative Secretaries will personally monitor and ensure that the above provisions are being adhered to for gazetted and non-gazetted State cadre posts. Similarly, the Heads of the Departments will personally monitor and ensure that the above provisions are being adhered to for non-gazetted divisional and district cadres. |
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