HC stays placement order of incharge lecturers STATE TIMES NEWS JAMMU: High Court on Saturday stayed the operation of government order no 1074-Edu dated 30th December 2013 and 26 Edu dated 4th January 2014 of placement as senior lecturers and some as Lectures, Incharge Principals respectively in School Education Department. The Court after hearing a petition filed by Plus Two Direct PSC recruited lecturers of School Education Department before High Court challenged the retrospective or Notional effect grant to 450 incharge Lecturers in regularisation drive and their subsequent placement as senior lecturers and some as Incharge principal, issued the stay order. Plus Two Lecturers orgnisation said that the Cabinet decision in favour of regularisation has recommended ascreening committee for the purpose. The committee so constituted was to scrutinise the eligibility conditions of Incharge lecturers. Howeever this responsibility was delegated to DDO who has no competence to verify details. Moreover the JKPSC as envisaged in the Recruitment Rules 2010 was not represented in the said committee. Further the cases of Inservice candidates were not being placed before JKPSC. Thus no exercise could be undertaken in terms of the rule of 2010. The committee recommended wholesale regularisation of Incharge lecturers in promotion quota with the retrospective or Notional effect without the verifying decision with regard to status of Post Graduation Degrees of candidates. Therefore the promotees stole over the direct recruits like petitioners. Organisation further said that some incumbents, who were not holding any position in gazetted cadre, even as Incharge were also promoted with retrospective or Notional effect. This was against the SC Judgement. Therefore Recruitment Rules of 2010 have been violated, adversely affecting the seniority of direct recruits. Thus on the basis of seniority finalised, with retrospective or Notion effect regularised Lecturers were placed as senior lecturers. Some were even made Incharge principals. The High Court observed that rules relating to recruitment not being conditions of service could not be relaxed even by the Cabinet and the mechanism evolved under recruitment rules relating to promotions of Inservice candidates could not be bye passed. The court opined that the flaw in regularisation of illegal arrangement could not be rectified by the Cabinet, which could not be usurped the functions of JKPSC. The court thus stayed the government order of placement as senior lecturers and as Incharge principals.
Posted on: Mon, 03 Feb 2014 12:35:42 +0000
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