Court Wants Rational Transfer Policy For Engineers

JAMMU — While coming heavily on the transfer industry of Engi­neers in various Departments of J&K Government, Justice San­jeev Kumar of Jammu Kashmir High Court (Jammu Wing) has forwarded his Judgment high­lighting mess in the transfer of Engineers in various Depart­ments to the Chief Secretary of the State for taking appropriate remedial measures in the mat­ter and to take effective steps to streamline the process of transfer and postings of Engineers in vari­ous Govt. Departments.

Justice Sanjeev Kumar after considering the submissions of Deputy Advocate General Arshad Majid Malik appearing for Rural Development Department in an approved for reporting Judgment further directed that it is expect­ed that the Chief Secretary would take note of the observations made hereinabove and come up with a rational policy of transfer and posting of the Engineers in various Departments of the State.

These court directions of wide public importance were passed in a writ petition titled Madan Gopal Samyal V/s State of J&K & Ors wherein the petitioner had ques­tioned Govt. Order No.89-PW(R&B) of 2018 dated February, 16, 2018 to the extent the same pertained to the retention of Neeraj Chopra in the Rural Engineering Wing of the Rural Development Department.

After considering the submis­sions of Advocate Abhinav Shar­ma appearing for the petitioner whereas Deputy Advocate Gener­al Arshad Majid Malik appearing for the RDD and Advocate Nirmal Kotwal appearing for private re­spondent Neeraj Chopra, Justice Sanjeev Kumar observed that both petitioner and Neeraj Cho­pra are substantively holding the post of Junior Engineers borne on the cadre of Public Works (R&B) Subordinate Service and are holding the post of Incharge As­sistant Engineers (Civil) in their own pay and grade.

For quite some time both the petitioner and Neeraj Chopra are serving in the Rural Engineering Wing of the Rural Development Department after their services were placed at the disposal of RDD by their parent department. Justice Sanjeev Kumar further observed, “Though, both are working in the Rural Engineer­ing Wing of the Rural Develop­ment Department, and are con­veniently posted, yet the dispute between the two appears to be for a posting which both of them perceive as a ‘prize posting’. The present case therefore, depicts a classical example of depleting standards of morality and ethics.

Justice Sanjeev Kumar after scanning the records supplied by State Counsel A.M. Malik ex­pressed his displeasure and ob­served that the manner in which Neeraj Chopra I/c Assistant Engineer, RDD, Kathua Divi­sion has been posted from time to time speaks volume about the unholy nexus between some of the Engineers and the officers in the administrative department concerned. The placement of ser­vices of the engineers working in the PWD at the disposal of RDD is totally arbitrary without there being any rational yardstick or guidelines. The J&K Rural De­velopment (Gazetted) Service constituted vide SRO 285 of 2003 does not have a cadre of Assis­tant Engineers of its own, though the posts of Junior Engineers are borne on the Jammu and Kashmir Rural Development/ Sanitation (Subordinate) Service constituted vide SRO 178 of 2007. As per the Jammu and Kashmir Rural Development Subordinate Service Recruitment Rules, the posts of Junior Engineer in the RDD are required to be filled up by the appointment of eligible candidates recommended by J&K Service Selection Board, there is no provision for transfer/deputa­tion of the Junior Engineers from the PWD to the RDD. Justice San­jeev Kumar noted with concern how the Assistant Engineers from PWD are posted in the REW of the RDD is something which the State Government needs to explain.

At this stage Deputy AG A.M. Malik appearing for Rural Devel­opment Department submitted and drew the attention of the Court towards Article 52-C of the J&K CSR which deals with deputation of government servants to non-governmental organizations, in­cluding Corporations, Companies, autonomous bodies etc within or outside the State or to the Central Government or other State Gov­ernment and such deputations were governed by the standard terms and conditions of deputation contained in Schedule-XVIII.  

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