Ban on engagement of Casual/ Seasonal/ Adhoc/ Consolidated/ Contractual/ Need based/ Daily rated workers etc
Section 14 of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010 lays down as under
Restriction on further adhoc or contractual or consolidated appointments:-
With effect from the commencement of this Act, no appointment shall be made by any department against any post on ad hoc or contractual or consolidated or temporary basis and all vacant posts shall be filled up strictly in accordance with the rules governing the recruitment to the respective services or posts.
Where any appointment is made by any officer in contravention to the provisions of sub-section (I), he shall be liable to disciplinary action under rules and the salary drawn by such appointee shall be recoverable from the defaulting officer as arrears of land revenue.
Rule 10 of the Jammu and Kashmir Casual and Other Workers – Regular Engagement Rules, 2017, notified vide SRO 520 dated 21.12.2017, provides as under:-
Ban on Future Engagements:
The orders issued vide Government Order No. 43-F of 2015 dated 17.03.2015 read with corrigendum issued vide No. A/Misc/2015/391 dated 20.03.2015 regarding the withdrawal of powers from Administrative Departments to engage casual I labourers, shall continue to remain in force.
Notwithstanding anything contained in sub-rule (I), any new engagement of a CSLW is any department can only be made with the prior approval of the Chief Minister through the Finance Department.
It is accordingly impressed upon all the officers of the State Government to strictly adhere/observe the statutory rules and codal provisions mentioned herein above in letter and spirit and also ensure that:
any penon appointed on adhoc/contractual/consolidated/ temporary basis aRer the imposition of ban on such engagements (i.e. on or after 29.04.2010) in contravention of the provisions of the Act shall forthwith cease to continue;
any person engaged as casual/seasonal/need bases worker aRer imposition of ban on such engagements (i.e. on or after 17.03.2015) without specific approval of Competent Authority or without following due procedure shall also cease to continue forthwith; and
in the event of failure to comply with these instructions, the concerned officer(s) will be held personally responsible and the amount due or paid to such irregular appointee(s)/engage(s) shall be recovered from the personal emoluments of the officer(s) concerned who had made/continued such engagements(s) in violation of the rules, orders or codal procedures, besides the termination of all such irregular appointment(s)/engagement(s).
All Administrative Secretaries/Divisional Commissioners/ , Heads of the Departments of Deputy Commissioners shall ensure strict compliance of the above instructions.
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