SRINAGAR: The Jammu and Kashmir government informed the Assembly last week that there is no provision under existing recruitment rules to regularise or appoint Settlement Assistants as Patwaris, and that the matter is presently under examination in the department following directions of the High Court.
The government said that pursuant to Cabinet Decision No. 155/10 dated September 23, 2005, sanction was accorded for the engagement of 200 Settlement Assistants on a consolidated monthly honorarium of Rs 2,000. Subsequently, Government Order No. 259-Rev(S) of 2005, dated September 29, 2005, issued by the Revenue Department, constituted two separate committees under the Chairmanship of the Settlement Commissioner, JK, for the Jammu and Kashmir divisions to oversee the engagement process.
It was also stipulated that the Settlement Assistants would be imparted Patwar training, provided they possessed the basic qualifications prescribed for appointment as Patwaris. However, the government clarified that the JK Revenue (Subordinate) Services Recruitment Rules, 2009, do not contain any provision for the recruitment or appointment of Settlement Assistants or Prism-men as Patwaris.
The House was informed that following the cessation of settlement operations in 2014, the services of Settlement Assistants and Prism-men were considered for utilisation in newly created administrative units, and they were accordingly deputed to these units.
Regarding the legal proceedings, the government said several writ petitions were filed by the Settlement Assistants before the High Court. The main contempt petition, CCP(S) 506/2019 titled Majid Mohd and another vs Majid Wani and others in SWP No. 3001/2015, sought implementation of the Court’s order dated April 8, 2019.
In compliance with court directions, the Administrative Department issued Government Order No. 22-JK(Rev) of 2023 dated February 27, 2023, rejecting the claim of the petitioners. The rejection was based on three grounds.
First, the petitioners had accepted engagement as Settlement Assistants on a consolidated basis and had furnished undertakings that they would not claim adjustment as Patwaris after completion of training, and would continue on monthly consolidated wages of Rs 2,000.
Second, the government stated that the petitioners could not be considered under Section 5 of the J&K Civil Services (Special Provision) Act, 2010, as they were neither appointed on a contractual nor ad hoc basis against clear vacancies of Patwaris, but were engaged on a consolidated basis as Settlement Assistants.
Third, it reiterated that the recruitment rules of 2009 do not provide for the appointment of Settlement Assistants as Patwaris.
The government added that, in pursuance of the directions passed by the High Court, the matter is currently under examination in the department.
