Adopting discriminatory approach

25/01/2020

SRO-202 was enacted by the order of the Governor of the then State of Jammu and Kashmir on 30th June 2015 in exercise of the powers conferred by the provision of Section 124 of the Jammu and Kashmir constitution. As per this SRO the employees holding substantive posts that are permanent in nature and after having qualified the multi-tier exams conducted by Jammu and Kashmir Public Service Commission (JKPSC) and Jammu and Kashmir Services Selection Board (JKSSB) have minimum pay scale (as per 6th Pay Commission). However, after the implementation of Seventh Pay Commission only basic pay was paid to employees. The employees held multiple protests and rallies against the job policy, commonly known as SRO-202, but authorities seemed to be unmoved. The employees said they have been protesting against the exploitative terms of employment enshrined in the policy. The SRO is against equal pay for equal work and that is catalyzing the sense of discrimination among them. Nearly 15000 employees who have been appointed under Government's new job policy since its inception in 2015, charged Government with adopting a discriminatory approach towards ensuring them a dignified employment. The recent recommendations of the Law Commission wherein it termed the policy as draconian and anti-youth have given hope to the employees. Besides this, the Law Commission also asked for the reduction of the probation period of 2 years and amendment in Rule 9 and Rule 10 regarding allowances and increments.
The SRO was initiated to reduce the staggering unemployment rate by employing maximum number of employees in limited time period. Under the SRO, the appointments were made within a period of three months from the date of reference. The average completion of recruitment process takes around 1-1.5 years. There is no annual increments in the SRO, an employee serving on the probation of 5 years would have same basic pay even after a period of five years, while the salary of those not covered under the policy continue to swell. The employees have not received the benefits of new allowances that were extended to Jammu and Kashmir after the formation of Union Territory including Transport allowance, Child education allowance, and allowance for women with disability and the one time grant for acquiring higher qualification. Although there is no clause in SRO or detailed notification through which these allowances were notified explicitly barring their imbursement to these employees.

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