Jammu and Kashmir Permission to Continue Any Course After the Employee Gets Appointment
It has been a trend in most of the cases in Jammu and Kashmir to get appointed under certain specific categories for specific purposes often managing to skip the same and not serving specific areas for specific number of years. While those areas continue to suffer on account of non availability of the services otherwise supposed to be provided by such Government employees , usually over the years such an unhealthy practice gets legitimised by giving no heed to such violations by the concerned authorities. We have been seeing in numerous cases in respect of our rural , far flung and even semi urban areas suffering on account of deficient or nil medical services / facilities and healthcare only due to some Doctors and paramedics managing deputations and attachments with health institutions and offices in "comfort" zones while officially being shown posted in rural and far flung areas. People in general tend to suffer . However, recently the UT administration took a serious note of such an unhealthy practice and ordered reversal of it. How can benefits under the specific categories be obtained by such employees without fulfilling the very purpose of their getting jobs only to serve the specific areas of the UT?
How unethical and illogical as also un-procedural does it look that one gets recruited under "Resident Backward Area " (RBA) as also under residents of areas adjoining "Actual Line of Control " (ALC) somehow managing either to not completing the minimum tenure of service in such areas specifically for which such recruitment was done or get posted elsewhere. However, we suppose in the respective appointment letters , as per practice in personnel matters, the stipulation and thus forming the basis of recruitment, that a minimum service tenure of seven year was absolutely compulsory, must have been mentioned. In token of having accepted the 'terms and conditions' chiefly of serving the concerned areas for a minimum of 7 years, these employees must have given their due acceptance. How can in that situation these employees afford not to comply? Who are the authorities virtually impliedly allowing it or offering "exemptions" to them is the moot question. Again, how long has this practice been going on unchecked and not questioned in Jammu and Kashmir?
RBA category on the other hand, is directly related to serving in backward and economically neglected areas of Jammu and Kashmir and relates to the peculiar status and not the academic qualifications of a candidate and SRO 126/94 is specific about the issuance of such a certificate of the candidate making one eligible to undergo the process of recruitment. It is to be noted that the RBA falls under OBC category rather both are synonymous for classification purposes. However, better late than never, this glaring deliberately created goof having now been taken note of seriously by the administration needs proper action so as to set an example for others not to follow such an unhealthy practice. May be the mandatory period of serving the areas under the twin categories may not have been completed fully by some employees or managed their transfers before completing the term, in all such cases, the "remaining " years of non -optional tenure must be completed by them. Since it has now been decided that services of these employees must mandatorily be utilized in these areas needs now to be complied with by Heads of the concerned UT departments.
Unless loopholesand exit points though unintentionally and quite in the ordinary course left open in particular schemes, are not plugged well in time during the entire course of recruitment process especially under sensitively categorised areas and under exclusive recruitment schemes, the same can be used to even defeat the very purpose of such exclusive recruitments as feared in the instant case . We hope, an undertaking at the time of accepting appointment from the employee is important but equally rather more important is, about posting in concerned areawhich is done by the authorities only and not by the employees themselves. Therefore, where the "matter stands" in respect of completing the minimum required tenure of each employee needs to be periodically updated and reviewed which must also to be reflected in the service book of an employee to obfuscate repetition of such service condition violations in future.
Source: https://www.dailyexcelsior.com/employees-recruited-under-rba-alc-categories/
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