JAMMU: Permitting to perpetuate an illegality in the matter of public employment by negating the constitutional schemes, the authorities in Jammu Municipal Corporation set in motion an ill conceived proposal for regularization of 65 contractual employees through backdoor against permanent sanctioned posts by considering unequal as equal thereby disrespecting the significant judgement of the Constitutional Bench of Supreme Court delivered in Umadevi case in 2006.
To regularize these illegal backdoor appointees, the Empowered Committee prepared a proposal and submitted the same before the Executive Committee headed by Mayor JMC, Chander Mohan Gupta for its consideration under section 40 (III) (3) (v) of S.O 3466 (E) dated 5.10.2020.
In a tactical move, to pass the agenda of regularization of illegal appointees without any criticism of Independent councilors as well media, the authority held the General House Meeting of JMC on Sep 10, 2021 through virtual mode citing Covid 19 pandemic. Consequently, the GHM headed by Mayor Chander Mohan Gupta and comprised majority of BJP councilors accorded its assent to proposed regularization of 65 backdoor contractual workers with much fanfare.
“The JMC has proposed absorption of 65 daily wagers which includes 32 drivers, 12 electricians, 4 surveyors, 2 helpers and 15 Computer operators which were engaged in the year 2007, 2008 and 2012 by the authorities in sham manner in connivance with NGOs through corrupt means, said an officer of JMC preferring anonymity adding “This exercise is in contravention to its own order wherein the JMC authorities while hiring services of these contractual employees had explicitly stated that engagement shall not be entitled for regularization at any stage”.
The ill intention of the authorities can be accessed from the fact that the objections raised by several aggrieved as well as media in response to the Notice No JMC/Estt/3660-61 dated 10-11-2020 were sidelined giving impression that authority in JMC had already made its mind to regularize these illegal appointments, said another JMC official.
For regularizing backdoor appointees, the empowered committee identified 74 permanent direct cadre posts which are lying vacant. These include Cattle catcher (8), Gardener (29), Helper (17), Electric helper (16), Mechanic (2), Greaser (1) and Summon Server (1).
Reliable sources told JK Global News that some officers who earned mastery in manipulating and interpreting rules for continuance of malpractices in JMC in collusion with Executive Committee and backdoor entrants have prepared the proposals based on facts which are bad in the eyes of law with a sole objective to misguide the Empowered Committee headed by Commissioner JMC, Avny Lavasa.
It’s interesting to note that Joint Commissionee (Establishment) in league with Assistant Secretary Surinder Kumar and DLR cited various vague logics besides court judgements which already stand denuded by the Constitutional Bench of Supreme Court as precedent in Uma Devi case have vociferously proposed regularization of 65 contractual workers in JMC.
Criticizing the move as fraud and misuse of official position, Gourav Chopra, Councilor of Ward No 28 said “Regularization of backdoor entrants against sanctioned permanent posts is not only illegal but also grave injustice with thousands of unemployed youths of J&K by depriving them of an opportunity to compete for vacant post” Everyone aware of the intentions of Executive Committee who resorts to unconstitutional means in a concealed manner by calling session of GHM through virtual mode for regularization of handpicked contractual employees who were never hired against identified posts.” The executive council is not above the Constitution of India which clearly states that in matter of public employment everyone stands equal, added Chopra.
Sobat Ali, Councilor Ward number 64, while raising his concern over the regularization of 65 employees through unlawful means said “Going through the contents of agenda I am aghast at the assertions made by DLR and Assistant Secretary, Surinder Kumar who ganged up to push for regularization of contractual employees in contravention of the rule of law by misguiding the Commissioner JMC as well as higher-ups in secretariat” Instead of adopting illegal means to fill the vacant posts with adjustment of backdoor entrants, the authorities in JMC must refer these posts to recruitment agencies and extend some weightage to the existing contractual employees while competing with other eligible candidates in the recruitment process, suggest Sobat Ali.
Stating that daily wagers knowingly well that the employment is purely contractual have no right as defined in the Constitution of India to claim absorption as permanent employee, the Bench further observed that equality of opportunity in public employment is the hallmark and the constitution has provided also for affirmative action to ensure that unequals are nor treated equals.
In Para 3 of the Judgement while observing that many occasions the Courts/Tribunal by not always keeping the legal aspects in mind have directed for absorption of such illegal entrants in service, the Bench in its judgement said “It has to be emphasized that this is not the role envisaged for High Courts in the scheme of things and their wide powers under Artcile 226 of the Constitution of India are not intended to be used for the purpose of perpetuating illegalities, irregularities or improprieties or for scuttling the whole scheme of public employment”.
The authorities need to understand that public employment is not a bounty in the hands of the state which can be distributed by it arbitrarily and at its whims and caprice,” said a Councilor of BJP preferring anonymity, adding that it is duty of the JMC to refrain from acting in a manner which is not countenance by law.
Since 1991, the H&UDD never fit it apt to advertise any posts for recruitment to cater to the burgeoning problems of JMC which kept multiplying everyday on account of acute shortage of employees to effectively look after its vast territories that has been swell from 25 ward to 75 in last three decades.
This prolong delay results in creation of unholy nexus of NGO-officers nexus in JMC where contractual workers were engaged allegedly after charging Rs 1 lakhs to 1.50 lakhs, revealed a senior officer of JMC on condition of anonymity.
The LG Manoj Sinha has initiated exercise for screening large scale backdoor appointments made at the behest of politicians in several corporations/PSUs and the Chief Secretary Dr. Arun Kumar Mehta must order inquiry against officers who are hell bend to regularize 65 handpicked contractual employees in JMC through illegal means, demanded Councilor Gorav Chopra.
JK Global News when contacted Mayor JMC, Chander Mohan Gupta on his personal mobile number, the person who attends to our call said “Sahib is busy so call sometime later”. Similarly, Joint Commissioner (Establishment) as well as Assistant Secretary, Surinder Kumar also remained elusive to our repeated calls on the issue.