Srinagar, Dec 8: Jammu and Kashmir High Court has asked the state government to make the engagement of 43,000 casual labourers in its different departments in accordance with the “constitutional mandate” contained in articles 14 and 16 of the Constitution of India.
While the article 16 seeks equality of opportunity in matters of public employment, article 14 says that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India and prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
The High Court directive came in response to a writ petition challenging the state government’s Order No: 105-PD of 2010 dated 25.10-2010, with regard to engagement of 43,000 casual labourers in the government departments.
Following issuance of the order in October this year, one Muhammad Shafi Ganie filed a writ petition in the High Court challenging the government order.
While issuing notices to the Chief Secretary and the Commissioner/Secretary Planning, Justice Muzaffar Hussain Attar observed:
“In the meanwhile, it is provided that in case respondents contemplate to make any engagement in pursuance to the Government Order No 105-PD of 2010 dated 25.10.2010, same shall be made in accordance with Constitutional mandate as contained in Articles 14 and 16 of the Constitution of India. It is further made clear that any engagement, if made after the filing of the writ petition, shall remain subject to the outcome of the writ petition.”
Counsel for petitioner has objected to the annexure II of the government order wherein a guideline says that “no formal engagement or appointment orders shall be issued in respect of these engagements.”
“The general rule is that whenever any recruitment takes place, people must know what action the government initiates in that regard. There has to be complete transparency in the engagement process which seems to be missing here because the guidelines say that no formal order shall be issued against the selectees,” the Counsel prayed.
The Counsel also objected to another guideline saying “All engagements of casual/seasonal labourers shall be approved by the concerned head of department before the concerned Executive Engineer (or equivalent officer) actually deploys the person on the job.”
He questioned how the appointments shall be made. “If the Govt wants to engage anyone, it has to invite applications through proper advertisements. That is also missing in this order,” the Counsel prayed.
He argued that there were a series of loopholes in the order which raise a question on the fairness in recruiting the casual labourers. “The government intends to pay Rs 110 per day to a casual labourer under this order. It would mean utilization of the public fund by the government. So it has to be done in a transparent manner and not in a fishy manner,” the Counsel argued.
After hearing the arguments, the Court passed the directive asking the government to file objections in the case before it is listed for another hearing.
Pertinently, according to the order, the government intends to engage 43,000 unemployed youth in the age group of 18-37 years on casual/seasonal and minimum need basis, from time to time, for the maintenance of schemes/public assets and for improved delivery of public services.
The order—issued following a relevant cabinet decision No. 236/21/2010, dated 14.10.2010—says the engaged persons shall be paid minimum applicable wage rate of State Government of Rs 110 per day, with usual breaks after 89 days.
The departments in which the engagements shall be made include Power Development, PHE/Irrigation and Flood Control, Public Works, Rural Development, Floriculture, School Education and Forest.

Lastupdate on : Wed, 8 Dec 2010 21:30:00 Makkah time
Lastupdate on : Wed, 8 Dec 2010 18:30:00 GMT
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