C M Sharma
Apropos the concern expressed in the editorial on ‘Departmental Promotion Committee meetings’ in the esteemed Daily Excelsior (December 7, 2021), the proverb ‘justice delayed is justice denied’ aptly fits in the context. As a true watchman of the society, the esteemed newspaper has been regularly highlighting the issue, but to the misfortune of the adversely effected employees, the impact is yet to see the light of the day. Prominent example is of more than a thousand government employees in gazetted cadre of Agriculture Production and Farmers Welfare Department in J&K, who, consequently, continue to remain painfully denied of justice by various dispensations till date, as they retire, month after month, though having put in at least more than three decades of service at different levels and still drawing the basic pay attached to the lowest Class in the Cadre. The officers have not been conferred the much deserved ‘confirmed promotions’ even once during the entire service career, because of non-convening of Mandatory J&K PSC/DPC meetings at the prescribed periodic intervals.
Ball obviously remains in the court of the Administrative Department and the J&K PSC as evident from the fact that DPC meetings for non-gazetted and Class IV ranks have been generally conducted regularly, across board, but not for the gazetted ranks. The respective Administrative Departments therefore require playing more pro-active role for gazetted cadres.
The problem in service matters, in the then J&K State, erupted with promotion of some favoured candidates to higher posts of their choice by issuing different kinds of government orders of ad-hoc appointments/ promotions. Such government orders became the reasons enough to take issues to the Hon’ble Courts by different contesting parties to the discomfiture of all – and no settlement is achieved over the years. The bureaucracy on its part, in most of the cases, didn’t exert to ensure implementation of rules and procedures for reasons one can only assume. Once the rules and regulations were bypassed in such matters, vested interests developed in respective quarters for maintenance of status quo through manipulations, thereby complicating the matters. Only recently, it was also reported that the J&K PSC found it difficult to hold DPC of gazetted officers of different departments because of their faulty service rules. It is a matter of grave concern that such an observation has been made after decades of issue of notification of respective service rules.
The adhoc system therefore continues despite of great efforts and assurances at the level of Principal Secretary to rectify the damage which has already occurred. A large majority of sufferers continue to pin great hopes on present dispensation and it is anticipated that the fate of coming generations in respective departments will be better and smooth. The top level administration is reported to be exerting and asserting to rectify and restore the rule of law, but all the related decision making departments of the government need to be responsive and positively inclined in favour of the deprived public servants so that efficiency and effectiveness of departments implementing government schemes and programmes is restored and justice is delivered to those denied.
The time schedule of holding desired PSC/DPC meetings must be strictly adhered to and accountability in such matters must be pinpointed. For the employees not promoted in respective departments for the last many-many years without any criminal offence on their part, but for administrative lapses, it is suggested that process of holding year-wise and class-wise DPC/PSC for respective departments should be conducted immediately and expeditiously under Mission Mode by adhering to the duly notified service rules in vogue with logical interpretation. For the officers who are found ineligible for at least three promotions in 27 years of their gazetted cadre under the prevailing rules (attributed to ‘faulty nature,’ but not challenged), the Lt Governor’s administration should consider Assured Career Progression (Time Bound Promotions) in Running Pay Scale as applied to Health and Medical Education Department, Animal and Sheep Husbandry Department and several others, as One Time Settlement of promotion issues. The government should start from a fresh slate for promotions thenceforth.
To conclude, it is also suggested, as a deeply concerned citizen, that the UT Administration may kindly consider institution of an empowered Apex Level Review cum Monitoring Committee headed by Chief Secretary as Chairman and Administrative Secretaries of concerned department and Law Department as member secretary and member respectively, to monitor the progress of settlement of these pending issues, including Court Cases, on fortnightly basis, and concluding the process with good results within the shortest possible time, say not more than three months. The suggestion in the editorial to establish a dedicated human resource management cell in each department at Directorate level is also worth implementation to do away with anomalies at the inception stage itself.