GOVT OF J&K RELEASED ORDER REGARDING Notifying method of recruitment through Executive Orders Check details
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GOVT OF J&K RELEASED ORDER REGARDING Notifying method of recruitment through Executive Orders :WHEREAS, the Finance Department issued circular instructions vide No.FD-Code/106/2021-03-698 dated 25.03.2023, wherein it has been enjoined upon all the Administrative Departments to seek concurrence for referral of such vacancies only for which recruitment rules have been formulated and not on the basis of Executive Orders;
AND WHEREAS, vide Circular No. 20-JK(GAD) of 2023 dated 19.07.2023, the General Administration Department, in amplification of the above advisory of Finance Department, has advised all the Departments to take all necessary steps for finalizing the recruitment rules of the services/cadres and to desist from amending the recruitment rules through Executive Orders;
AND WHEREAS, a few Departments have reported that in absence of formal recruitment rules, method of recruitment for a number of critical vacancies has been notified through ‘Executive Orders’. Besides,there are some critical vacancies for which there is an immediate need to revise method of recruitment as per the administrative requirements and as such the Departments may be allowed to amend their recruitment rules through Executive Orders as a one-time exemption;
AND WHEREAS, the matter has been examined in this Department, taking into account the concerns expressed by the Administrative Departments and having regard to the fact that such critical vacancies cannot be left unfilled as the same is not in the interest of public well being and also that the formulation of recruitment rules involves interdepartmental consultations, for which considerable time is required as per the prescribed procedure;
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AND WHEREAS, the matter was referred to Depart 2/5 Law, Justice and Parliamentary Affairs for opinion with regard to legamcy or the Executive Orders and whether such Orders can be issued/acted on for filling the gaps in the existing recruitment rules as also for such posts for which there are no recruitment rules in place. On consideration of the matter, the Department of Law Justice and Parliamentary Affairs vide U.0 No Ld-SL/52/2023 dated 01.02.2024 advised as under:
“Executive instructions can be taken recourse to in extraordinary cases and situations, where the recruitment rules are deficient and silent on certain matters/subject. The Executive instructions can be issued by the Government, in exercise of its executive powers, to fill these deficiencies and gaps, so that the provisions of the rules are supplemented. The Executive instructions can also be issued where no recruitment rules have been notified so that these instructions partake the character of the recruitment rules and fulfill the purpose until the rules are duly notified.
As such there is no legal impediment in the proposal of GAD for requesting Finance Department to reconsider the circular instructions and provide one time exemption to the departments to issue executive instructions for regulating conditions of recruitment in specified cases keeping in view the above stated factors, parameters and stipulations.
However, every action of the Government should invariably be seen as just and proper and a uniform approach is to be incorporated and imbibed in all such actions, so as to avert discriminatory results. The competent authority for approving such executive instructions may be decided by the General Administration Department so that all the cases are decided on uniform and equitable grounds and a consolidated and detailed proposal in this behalf is submitted for consideration and approval.”
AND WHEREAS, having regard to the above opinion of the Department of Law, Justice and Parliamentary Affairs, the matter has been examined in this Department and accordingly a proposal has been submitted for consideration of the Competent Authority for allowing departments to issue and also act on the Executive Orders for flling of the gaps in the existing recruitment rules or where there are no formal recruitment rules for specified critical posts only, as a one-time exemption,subject to the condition that the Departments shall formulate formal recruitment rules for such posts on priority;
AND WHEREAS, the Competent Authority after consideration has approved the proposal with the condition that adequate administrative safeguards should be ensured to maintain consistency and uniformity in approach and procedures and also that the arrangement should be allowed for a period of six (06) months only within which recruitment rules shall be finalized/ revised by the respective departments as per the prescribed procedure.
- NOW THEREFORE, it is hereby ordered that:
In supersession of instructions notified vide Circular No.20-JK(GAD) of 2023 dated 19.07.2023, departments are allowed to issue ‘Executive Orders’ for filling the
existing recruitment rules or where there are n
recruitment rules in place, for specified critical posts and also to act on such Executive Orders issued already; as a one-time exemption for a period of six months only within which recruitment rules shall be finalized/ revised by the respective departments as per the prescribed procedure. - The Departments shall identify critical posts for which there is an immediate need for notifying method of recruitment or to fill gaps in the recruitment rules with proper justification and rationale for the purpose of issuing’Executive Orders.
- The Departments shall henceforth seek prior concurrence of ARI & Trainings Department as well as Law Department before submission of proposals relating to ‘Executive Orders’ for consideration of competent authority with proper justification.
- The ARI & Trainings Department shall issue guidelines
along with a check-list for considering such proposals to be submitted by the Administrative Departments for c–ling concurrence. - The Authority Competent to approve the ‘Executive uruers’
shall be the same as has been defined for approval of formulation of recruitment rules in terms of Government Order No. 810-JK(GAD) of 2020 dated 01.09.2020. - The Finance Department shall reconsider its advisory issued vide No. FD-Code/106/2021-03-698 dated 25.03.2023 and not deny concurrence to referral of such critical vacancies to recruiting agencies where method of recruitment has been notified in the form of Executive Orders.