Jammu: The J&K High Court has directed the Secretary Jammu and Kashmir Assembly to create avenues for promotion of Watch and Ward Staff and Ministerial Staff separately and not to divert posts from one cadre to another.
Justice Mohammad Yaqoob Mir also ordered that no further promotion be made against the post of Marshal and Watch and Ward Officer in gazetted cadre except from the relevant cadre.
The order was passed in response to a writ petition filed by employees of Security Wing of Assembly Secretariat who have alleged that that there are no proper service rules governing the service conditions of the non-gazetted employees of J&K Legislative Assembly except the J&K Legislative Assembly Secretariat (Recruitment and Conditions of Service) Rules 1959 dealing with the gazetted cadre only.
The writ petition pleaded that despite submitting multiple representations and holding discussions with the successive authorities a committee was constituted by the Speaker to examine and dispose of the representations of the W&W Staff which recommended that two gazetted posts with the nomenclature of Watch and Ward Officer and Marshal may be reserved for the watch and ward establishment of the Secretariat, however, due to conflict of interest the authorities deliberately impeded the implementation of the said committee recommendations and arbitrarily and illegally diverted the posts from one cadre to another cadre and promoted “ineligible” Section Officers, Senior Reporters, Senior Stenographers and Chief Translator to the post of Marshal and Watch and Ward Officer and blocked the genuine promotion avenues of deserving officials.
It is pertinent to mention here that Department of Law, Justice and Parliamentary Affairs vide its Order No. 934-LD (PAB) of 2010 dated 16.4.2010 directed the Assembly Secretariat to formulate fresh Service Rules and despite of lapse of eight years formulation of Service rules has not materialized till date.