Junaid Malik
The government of Jammu and Kashmir have taken various measures from time to time to lessen the burden of unemployment and financial crisis of the state exchequer. The NC-INC coalition led by Omar Abdullah removed the provision of pension for employees whereas the previous coalition brought in SRO-202, an ordinance which itself is Exploitative and alienating in character. All these corrective measures have proved a bane for educated youth of the state leaving them in lurch and desolations.
The SRO-202 brought in practice on 30th June 2015 by the previous government makes certain provisions in which the candidates employed under non gazetted cadre thereafter are discriminated in comparison to their counter parts. The candidate employed is paid a minimum grade pay for five years and confirmed only at the mercy of his superiors which means the candidate is virtually in fetters with dangling sword of uncertainty of tenure and existence.
The ordinance also segregates the gazette and non gazetted cadre of employees leaving the gazetted cadre out of ambit of ordinance more particularly the Kashmir administrative. It eventually creates dual laws for same subjects with in the same state which is completely against the spirit and practice of constitution and law of the land. It created two classes of employees who are segregated by an ordinance at the sweet will of the state. The ordinance is completely against the spirit of natural justice.
The constitution itself abolishes discrimination under fundamental rights of Indian constitution which are basic in nature and enforceable by the court of law. Article 14 and 16 gives equal protections of law and equality of opportunity in terms of public employment to its citizen and prohibits any kind of discrimination on the basis of residence, color, creed or religion. If we minutely examine the crux of these articles, it clearly exhibits that ordinance 202 of Jammu and Kashmir is illegal , unconstitutional and contrary to the law of the land. The same law is being made applicable with two standards which even contradicts the right to life explicitly defined under article 21 of the Indian constitution. The subjects of the state can’t be discriminated under equal circumstances under the law of the land. Right to equality is the heart and soul of Indian constitution.
This becomes more explicit and clear in article 39 d of Indian constitution under part iii of directive principles of state policy enjoined upon the state to maintain “equal pay for equal work without any bias of gender and state. While examining the ordinance, it clearly violates the article and law where the two persons employed under equal circumstances and nature of job are paid differently where the candidate under 202 is underpaid for equal work. The ordinance is undoubtedly discriminatory and against the spirit of law of land. It brings complexes and behavioral bias with in a public entity.
India is a welfare and socialist state being governed by the constitution of the country which maintains equality and justice to its citizens. The citizens of the state can’t be discriminated mere on the basis of time of employment and engagement of the youth. This discrimination in the previous centuries have led to mass movements dividing the world in to capitalists and communist block. The reward of work must go to labour in equal and proportionate measures which SRO 202 contradicts and contravenes fundamentally.
There are growing voices against this ordinance now even by the leaders of the coalition who have thrusted it upon the gullible youth of the state just to reap the political benefits. The need of the hour is to remove this ordinance unequivocally by the governor administration who has taken many ameliorative measures particularly for the youth of the state lest it takes another mass movement.
The author is Freelance Journalist , Columnist and President Global Peace Foundation Jammu and Kashmir and can be reached atmalikjunaid22@gmail.com