SRO 520: Govt notifies rules for regularisation of 60,000 casual workers

JAMMU: The state government on Thursday notified the rules for the regularisation of services of daily wagers, an issue pending for nearly two decades. A formal SRO in this regard, called the SRO 520, was notified by the Finance department on Thursday, giving for the rules to be followed in the process. It may be mentioned that the state government is set to regularise 60,000 casual which will be benefitting such appointees in around nine categories. The decision, seen as a major respite to these employees, will benefit Daily Rated, Casual, Seasonal, HDF and Local Fund Workers, NYCs, Land Donors, SPOs and Adhoc/Contractual appointees left-out under the J&K Civil Services (Special Provisions) Act-2010 for want of eligibility criteria.
As per the official notification issued in this regard, here are the rules for regularisation of these employees.

Eligibility for Regular Engagement: (I) A CSLW shall be eligible for regular engagement under these rules on fulfillment of the following conditions that (i) he/ she is a permanent resident of the State of Jammu & Kashmir as is defined under section 6 of the Constitution of Jammu & Kashmir. (ii) he/she possesses minimum educational qualification of 8th standard or above. (iii) On the date of his/ her initial engagement, his/her age was within the minimum & maximum age limit as prescribed for appointment in Government service. (iv) he/she must have completed ten years of continuous working; Provided a seasonal worker must have completed 120 months of working in a department, in aggregate, in consecutive years with at least 6 months, in a year continuously irrespective of the total number of years in which he/she completes 120 months of seasonal service. (v) His/her work & conduct is satisfactory & no disciplinary proceedings are pending against him/her. (vi) he/ she must be continuing in the department as on date.

(2) The provisions of Article 35-A of the J&K CSRs shall apply to a CSLW in respect of the determination and the verification of age.

(3) The concerned Administrative Department shall have the powers to grant relaxation in the age/qualification for regular engagement of a CSLW on case to case basis.

Date of effect of regular engagement: (1) A CSLW shall be entitled to regular engagement after completing 10 years of continuous service with effect from Is’ January, of the year following which he completes the prescribed period of regular engagement; (2) Notwithstanding anything contained in sub-rule (I), a seasonal worker shall be entitled to regular engagement after rendering continuous service of 120 months as defined under these rules with effect from in January of the following year in which he/she completes the prescribed period of seasonal service.
Empowered Committee: (I) There shall be an Empowered Committee in the Finance Department comprising of the following, to recommend the creation of commensurate positions called “Government Services Assistant” (GSA) after proper scrutiny of proposals from the concerned Departments(i) Administrative Secretary, Finance Department as Chairman (ii) Administrative Secretary of the Concerned department or Representative not below the rank of Special Secretary (iii) Administrative Secretary, General Administration Department or Representative not below the rank of Special Secretary (iv) Administrative Secretary, Law, Justice & Parliamentary Affairs or Representative not below the rank of Special Secretary- all as Members, and (v) Director (Codes), Finance Department as Member Secretary; (2) The Committee shall be serviced by the Finance Department; (3) The Member-Secretary of the Committee shall place cases of CSLWs before the Committee which are registered with the Finance Department and particulars whereof have been uploaded on the relevant NIC portal for Aadhar Based Biometric Identification & Skill Profiling of CSLWs; (4) The Committee shall also consider the cases of such bonafide CSLWs whose names could not be registered on the relevant NIC portal; after the administrative department concerned gives valid, justifiable and cogent grounds of their non-inclusion; (5) The Committee shall recommend creation of a position(s) of “GSA” strictly keeping in view the eligibility criteria for the CSLW prescribed under these rules; (6) The required number of positions of “GSA” shall be created by each Administrative Department on the recommendations of the Empowered Committee; (7) The concerned Administrative Department shall issue necessary orders for regular engagement of a CSLW as “GSA” after the Finance Department conveys the recommendations of the Empowered Committee to the said Department.

Utilization of services of seasonal workers: The concerned Administrative Departments shall redeploy seasonal workers to ensure an effective and efficient utilization of their services throughout the year.
Remuneration & Other Benefits: (i) A GSA shall be paid consolidated remuneration under a detailed head 017 “Remuneration” below relevant Major head of Account of the Department as per following structure:
a) Remuneration: For Group I – Skilled workers, monthly remuneration will be paid as per the period of engagement as CSLW. (i) Above 10 years upto 15 years will be Rs. 13000 per month(p.m.) ; (ii) Above 15 years upto 20 years Rs. 18000 p.m. (iii) More than 20 years Rs. 24000 p.m.
For Group II – Un-Skilled workers, monthly remuneration will be paid as per the period of engagement as CSLW. (i) Above 10 years upto 15 years Rs. 10000 p.m (ii) Above 15 years upto 20 years Rs. 15000 p.m (iii) More than 20 years Rs. 20000 p.m
b) Annual hike: A “Government Services Assistant” shall be entitled to an annual hike of 3% on hidher consolidated remuneration on the last day of a calendar year with effect from 1” January, of the following year.

c) Terminal benefits: A “Government Services Assistant” shall be covered under NPS along-with Employer’s Share to be contributed by the Government.
d) Leave & Medical Reimbursement: A “Government Services Assistant” shall be entitled to Leave & Medical Reimbursement benefits etc as are admissible to a Class-IV employee.
e) Periodical hike in remuneration: A “Government Services Assistant” shall be entitled to a higher remuneration in the manner as indicated hereinabove as per the rule 8(i)(a) on completion of 15/20 years of casual/seasonal/regular service taken together.
f) Maintenance of service bio-data: The service bio-data1 records of a GSA shall be maintained at the level of Head of Office in each department in the form of a Service Book.
g)A “Government Services Assistant” shall continue in a department upto the age of 60 years.
Work, Conduct, Discipline & Appeal: For purposes of conduct, discipline and appeal, a GSA shall be regulated in accordance with the relevant Rules, 1979 and Jammu & Kashmir Civil Services (Classification, Control & Appeal) Rules 1956.
Ban on future engagements: (I) 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 labourers, shall continue to remain in force. (2) Notwithstanding anything contained in sub rule (I), any new engagement of a CSLW in any department can only be made with the prior approval of the Chief Minister through the Finance Department.
Engagement of other workers: The engagement of other workers viz NYCs and Land Donors shall be regulated in the following manner:
(a) NYCs: (1) An NYC worker shall initially be re-engaged on the wages as were paid to him/her immediately before his/her disengagement. The orders of his/her re-engagement shall be issued by the Youth, Services and Sports Department. (2) An NYC worker shall be entitled to regular engagement strictly on the pattern of a CSLW on the completion of prescribed period of continuous service, after clubbing his/her service rendered earlier as NYC worker.

(b) Land Donors: (1) The land donors who have donated their land free of cost to the Government, shall be eligible for engagement as Casual Workers on the recommendations of a Committee to be constituted in the concerned Administrative Departments, and to be headed by the Administrative Secretary concerned. (2) The Administrative Department shall issue orders of engagement in favour of the applicants. (3) The engagement orders shall be issued subject to fulfillment of following conditions: (i) The cases of land donors as have donated the land after 31.12.2001 upto coming into force of these rules only shall be considered; (ii) Land has not been given in charity or land compensation has been received by the land owner; (iii) The minimum land donation qualifying for this benefit shall be one kana1 of proprietary land; and (iv) The land donated should be legally mutated in favour of the State Government and its documentary proof must be available with the land donor.
(c) Left out Adhoc/Contractual/Consolidated Workers: Such workers as are not entitled to regularization under the provisions of the Jammu and Kashmir Civil Services (Special Provisions) Act, 2010, shall also be considered for regular engagement at par with casual, seasonal & daily rated workers subject to fulfillment of prescribed eligibility criteria.
(d) Hospital Development Fund (HDF) & Local Fund Workers: These rules shall mutatis mutandis apply to these workers subject to fulfillment of the prescribed eligibility criteria. However, they shall continue to be paid from Hospital Development Funds (HDF)/ Local Funds as the case may be, and the enhancement of their remuneration shall be subject to the availability of resources in the respective funds.
Interpretation: All policy decisions, interpretations and explanations of these rules, as may be necessary, shall be notified by the Finance Department from time to time.
Repeal: All the existing rules & orders relating to the subject matter covered by these rules shall stand repealed.

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