“GAD delaying appointment process of notifications advertised before 5 Aug”

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Candidates have alleged that Government Administration Department (GAD) is delaying the appointment process of the notifications because they were advertised before the abrogation of article 370.

Candidates while talking to The Kashmir Walla said, “It has been three long months since we submitted our Verification Rolls and GAD is yet to come out with its official stand and is thus in violation of the purpose of Government Order No. 528JK (GAD) of 2021 dated: 21.06.2021 pertaining to time bound CID Verification and subsequent issuance of appointment orders.”

The candidates had applied for the post of  Scale Stenographer, GAD Steno typist, Information Department.

One of the candidates whose name has been withheld had also shot a letter to Liutenant Governor, “I feel very sad as would any responsible citizen to report gross violations of our constitution and natural justice.” The letter read.

Adding this concerns hundreds of candidates who after having genuinely qualified the exams conducted by JKSSB are yet to get appointment orders.

Further, GAD in U.O (Opn) 2020/123-GAD dated 24/08/2020 states “As per entry 19 in the Table (4) of the 5th Schedule of the Jammu and Kashmir Reorganization Act, 2019, The Jammu and Kashmir Civil Services Decentralization and Recruitment Act, 2010 shall remain in force in the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, therefore the recent constitutional changes in Jammu and Kashmir shall have no bearing on the instant selection/recruitment process initiated by Jammu and Kashmir Service Selection Recruitment Board.”

In the letter he says, “Moreover, there are number of notifications which were advertised before the abrogation of article 370 but their appointment orders have been issued long back and the candidates have already joined government service. Some such appointment orders/notifications are: Govt order No. 339-JK (HE) of 2021 dated 10/12/2021 pertaining to appointment of Assistant Professors in Higher Education Department vide notification No.10-PSC (DR-P) of 2017 (JKPSC), notification 07 of 2015 (JKSSB), notification 04 of 2017(JKSSB), notification No. 06 of 2015 (JKSSB) and many others.”

Further adding, “Hence, delaying the appointment process of notification 01 of 2017 would be blatant violation of ideals of justice enshrined in our constitution. Further, this would mean turning a blind eye to our Fundamental Right under article 21, Right to livelihood.”

Hard work betrays none but JKSSB disgraced the diligent efforts of candidates as it took 4 years to process our final selection lists, he wrote.

He further writes, “Now, If the candidates have no part whatsoever in this colossal delay, would not making the candidates suffer further by delaying/cancelling their appointment, and in turn acquitting JKSSB be desecration of Equality before law under article 14?”

Taling about Article 21, he writes, “It provides for right to social and economic justice and empowerment. Candidates invested time and money, worked their fingers to the bones, qualified exams, had been uncomplaining for the delay caused by JKSSB are now being denied empowerment.”

“I, for one qualified for the post of Junior scale stenographer, GAD, under notification No. 01 of 2017. I have submitted my Verification rolls in the last week of September but since then there has been no development with regard to our appointment. I have also qualified for the post of steno typist in Information department, Kashmir division under the same notification but unfortunately even after the selection list has been forwarded to Principal secretary Information two months back there has been no development whatsoever.”

He further writes that there are hundreds such canditates facing the trauma, “This does not traumatize one single candidate only but hundreds of other candidates who have legitimately qualified for their posts under notifications: 01 of 2016, 07 of 2010, 04 of 2013, 03, 04 and 05 of 2019, 07 of 2015, 04 of 2015, 08 of 2019, 06 of 2015, 01/02 of 2019, 03 of 2008, 08 of 2010, 07 of 2010, 03 of 2016, 01 of 2014, 04 of 2017, 01 of 2011, 03 of 2019, 03 of 2012, 06 of 2013, 02 of 2013, 10 of 2005, 02 of 2014, 05 of 2015 and scores of selection lists recently published by JKPSC belonging to notifications which were advertised before the abrogation of article 370.”

Adding all these selections lists are available on official website of JKSSB and JKPSC. Unfortunately the delay/cancellation of appointment would surely bring about a thunderous legal fight which would be nothing but a discourtesy to the democratic foundations of our country.

We should all be grateful to our constitution makers for our fundamental right to constitutional remedies under article 32 (right to move to Supreme Court) and article 226 (High Court). But I would like to believe that we can and we should perform our duties sincerely and make a genuine effort together to make these provisions our last resort, Mir points out in his letter.

“I have explored all other options like governor grievance cell, registering complaints in GAD prior to writing this letter.I implore that you please take up the matter and restore our right to human dignity.” He concludes.

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