Jagdish Lal Sharma
According to available data, Jammu and Kashmir has approximately five lakhs employees and around same numbers of pensioners across various departments, cadres, and pay scales. Regular pay commissions and the implementation of different SROs often create complexities in pay fixation and interpretation by different officials, leading to financial losses and anomalies for employees and retirees.
Issues such as stepping up of pay of employee’s pay to higher pay scales, time-bound promotions, notional benefits, charge allowances, and other related matters cause significant physical and mental distress. Many employees struggle for years to resolve these issues, with some retiring without receiving the necessary redressal. Tragically, in some cases, these grievances remain unresolved even after the employee’s death. Timely intervention is crucial to prevent such hardships and to ensure that both current employees and retirees receive their rightful benefits.
NOTIONAL BENEFITS ON PLACEMENT OR UPGRADATION
Placement or upgradation should not be considered a promotion, as clarified by the Finance Department. However, certain employees who were upgraded or placed in the next grade were not granted Time-Bound Promotion (T.B.P.) under SRO-14 dated 15-01-1996 under SRO 14 DTD. 15-01-1996 Sub Rule (G) Of OM NO. A/29 (96) 1034 DTD. 22-10-1996 & OM NO. A/29 (96)/ 716 DTD. 05-08-1997 upon completing nine years from their entry date. Instead, they received T.B.P. only after completing nine years from their placement or upgradation. Some employees approached higher authorities, and their cases were decided with notional benefits from the due date and monetary benefits from the date of sanction.
MERGING OF PAY SCALES WITH NOTIONAL BENEFITS ONLY
Similarly, under SRO-93 dated 15-04-2009, the pay scales of Rs 5000-150-8000, Rs 5500-175-9000, Rs 5600-175-9100, Rs 5700-200-10100, and Rs 6500-200-10500 were merged and revised to Pay Band-2 (Rs 9300-34800) with a Grade Pay of Rs 4200. Due to this merger, employees promoted from one pay scale to another after 01-01-2006 did not receive promotion benefits under Article 77 B. However, an amendment under SRO-42 dated 02-02-2011 was erroneously applied notionally from 01-01-2006 to 31-12-2010, with monetary benefits effective only from 01-01-2011. As a result, employees promoted between 01-01-2006 and 31-12-2010, who subsequently retired, did not receive any financial benefits. To address this issue, the Finance Department should amend the provisions and grant relaxation under Rule 25 of SRO-93 dated 25-04-2009, subject to approval by the competent authority.
STEPPING UP CASES OF EMPLOYEES ‘S PAY/ PENSIONERS
The primary purpose of stepping up of employee’s pay is to resolve anomalies where a senior employee receives less pay than a junior employee in the same or a higher position. This provision ensures fair compensation based on seniority and prevents situations where juniors earn more than their seniors. However, flaws in implementation have led to difficulties for affected employees.
In many cases, employees must approach higher authorities to avail the benefits of the scheme, which is not a straightforward process. First, an employee must be aware that a junior is receiving higher pay, and then they must go through a lengthy bureaucratic process to seek redressal. This consumes significant time and energy, and in many instances, employees retire before their issues are resolved. A more streamlined and proactive approach is needed to ensure fair and timely implementation of stepping-up provisions.
SRO-120 NEEDS TO BE REVIEWED
The amendment to the Jammu and Kashmir Compassionate Appointment Rules, 1994, was introduced through SRO-120 dated 05.03.2018. As per this amendment, the widow, unmarried son, and unmarried daughter of a deceased government employee may be considered for appointment under these rules by the General Administration Department, provided that the Deputy Commissioner/Assistant Commissioner (Revenue) certifies that none of the dependents of the deceased is a government employee. Additionally, the Deputy Commissioner, after due verification, must confirm that the element of compassion still exists in the family.
However, a significant number of cases have been pending for years, potentially altering the element of compassion over time. Moreover, restricting eligibility to an “unmarried son” raises concerns. Some dependent sons may feel compelled to delay marriage in the hope of securing employment, indirectly infringing upon their personal rights. Given these issues, a thorough review of this provision is necessary on a priority basis to ensure fairness and inclusivity.
INORDINATE DELAY IN GRATUITY AND FINAL PAYMENTS
After serving for decades under demanding and often strenuous conditions, a government employee retires with the hope of settling down and enjoying a well-earned rest. A key part of this transition is the timely receipt of final dues such as gratuity and other payments. Unfortunately, in many cases, there are inordinate delays-sometimes stretching over months or even years-which cause significant mental distress and financial uncertainty for the retiree. The saying “waiting hours are always longer” holds especially true in such situations, where the delay adds unnecessary hardship during an already sensitive phase of life.
This persistent issue calls for immediate redressal. A clear and efficient mechanism must be put in place to ensure that all dues are settled within a defined time frame post-retirement. Furthermore, to uphold principles of fairness and accountability, interest should be paid on any delayed payments beyond the stipulated period. It is only just that those who have spent a lifetime in service are treated with dignity and provided what is rightfully theirs without undue delay.
CONCLUSION
Addressing pay and pension anomalies in Jammu and Kashmir is crucial for ensuring financial stability and fairness for employees and pensioners. Timely resolution of these issues will not only prevent unnecessary distress but also uphold the principles of justice and equity in public service. The concerned authorities must take immediate steps to rectify existing discrepancies and streamline the implementation of various SROs for the benefit of all stakeholders.
(The author is a Retired Asstt. Accounts Officer, Sunderbani)
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