There is a storm brewing about SRO 202 in Jammu and Kashmir. The youth of J&K are calling the Recruitment Rule under SRO 202 draconian and discriminatory.
The youth have shown their resentment through protests on road and on Social Media. Let us dig in details.
What is SRO 202?
SRO 202 may also be called as Jammu and Kashmir Special Recruitment Rules, 2015. It came into effect on 30th June 2015 during the BJP-PDP coalition in J&K to recruit the manpower in government sector.
You can download SRO 202 pdf full copy here.
What is SRO in J&K?
SRO means Statutory Regulatory Order.
Why does SRO 202 revocation need to happen for good?
There is not just one reason for the revocation of SRO 202. The draconian set of rules set by the then Government are not just discriminatory but are violative of the basic rights granted by the Constitution under Article 14 and Article 16. Let’s see how-
How does SRO 202 violate Article 14 & 16 of the Constitution of India?
- Article 14 guarantees every citizen of the country to be treated equal before the law by the state.
- Article 16 of the Constitution of India guarantees equal opportunities to every citizen in matter of public employment.
SRO 202 Rule 8(1)
In this case of the SRO 202, the rule states that even after completing 5 years of probation period, an employee of the Government has to pass another test or successfully undergo training as the order reads before he/she is declared permanent.
It is very pertinent to mention here that an employee who is appointed under SRO 202 is already selected on the basis of various sets of examinations conducted by the JKPSC, JKSSB or any other recruiting agency in J&K.
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Let us see an example here:
A has been appointed by the X recruiting agency and B is also appointed by the X recruiting agency for the same post. The point which needs to seen here is that a B has been appointed under SRO 202.
Now, A gets all the permissible perks and earns a whopping 20,000 or more for the same job that B will only enjoy after a probation period of 5 years and 7 years depending on the backward category or ALC of the candidate.
If that is not discrimination on the face of it then what is.
It is nothing more than a cruel joke and harassment of the highest order being played on the youth of Jammu and Kashmir who have already proved their worth by clearing exams.
SRO 202 Rule 8(2)
Likewise, let’s see what the next rule reads
This paragraph sounds like a sermon coming straight from the Satan that the appointee shall not be eligible for the transfer for whatsoever reason during the service of 5 years. Yes, the word “whatsoever” has been mentioned specifically which violates
More so, to add insult to the wounds it becomes utterly reprehensible when the person appointed against any available vacancy on the basis of Backward Area or Actual Line of Control (ALC) is made to serve for a period of 7 long years.
However, a person employed under SRO 202 gets discriminated on the account of equal opportunities in PayScale, Housing Rent Allowance (HRA), City Compensatory Allowance (CCA), Dearness Allowance (DA) and Transport Allowance (TA).
The discrimination just does not end there.
An appointee is also denied contribution towards a centrally sponsored National Pension Scheme (NPS) launched by GOI in January 2004 stripping them of the pension benefits after retirement. The reason being that the Government of Jammu and Kashmir switched to New Pension Scheme in 2010.
Will SRO 202 be revoked?
The present Government under Lt. Governor G.C. Murmu under Government Order No. 293-JK(GAD) of 2020 dated 27th Feb 2020 have constituted a committee to examine the Jammu and Kashmir Special Recruitment Rules, 2015 notified under SRO 202.
The committee has been asked to examine the financial implications and the implications on the job structure in government. The committee is also tasked to suggest a comprehensive approach to look into the SRO 202 as the order reads.
It needs to be seen how swiftly the Committee acts so that the youth who of J&K who have been protesting incessantly are given justice by doing away with the punitive recruitment policy.
What does the Central Recruitment Rules say?
Here are the rules by the Department of Personnel and Training (DoPT) for probation period
- It is very evident from the rules of DoPT that for direct recruitment to posts the probation period will be of 2 years.
- For Direct Recruitment to posts carrying a Grade Pay of Rs. 7600 or above or to the posts to which the maximum age limit is involved the probation period will be of 1 year.
Latest News on SRO 202
The government of J&K under Order No. 469-JK(GAD) dated 14.04.2020 has sanctioned a task force to finalize a time bound plan for recruitment to government job vacancies at different levels along with the process to be followed for early recruitment, keeping in mind the fiscal balance and monitor the recruitment process.
The task force has been asked to submit the recommendations by 15.05.2020.
What does the Jammu and Kashmir State Law Commission have to say about it?
Here are the recommendations made:
The J&K State Law Commission headed by Justice (Retired) M. K. Hanjura has given his recommendations to reduce the probation period from five years to two Years.
It is also recommended that those employees who have completed 2 years of probation on the date of promulgation of Jammu and Kashmir Reorganization Act i.e 31st Oct 2019 be regularized subject to the conditions laid down in the SRO.
Also, the cases of those employees who will be completing two years in the near future may be taken up for consideration.
Conclusion
The draconian SRO needs to be done away with to pave way for the secure future the youth of Jammu and Kashmir. Those who burn the midnight oil to clear the exam and are then made to wait 5 and 7 years of probation period before absorbing them in the Government Sector needs to be assured that their hard work has not gone for a toss.
The Government of India and the Government of Jammu and Kashmir needs to reach out to the young brigade so that they are made to feel they are inclusive of the progress story after the abolition of Article 370.
The recent protests against this SRO 202 show the sentiment of youth against the discriminatory Jammu and Kashmir Recruitment Policy, 2015. Clearly, a new Recruitment Policy needs to be put in place for J&K so that a fair and just process is initiated for recruiting the bright minds of J&K.
This is a developing article. We will keep you updated on the SRO 202 latest news from this page.
Informative article, learnt a lot from this piece. Great work. Kudos!
Thank you Ashish.