(Law assists those that are vigilant with their rights, and not those that sleep thereupon.)
After the perusal of the case in hand the following facts and observations are made out.
Facts Observations Law and Rules
1. that Shri Gulzar Ahmad The initial Engagement is The engagement is against Dehal has been engaged as made to rural development the SRO 64 Of 1994, Dated continue daily Wager in the which is a govt. Dept. 24-03-1994. office of Asstt. Commissioner Which imposes ban on Development Shopian vide engagement of Daily Order No. DCS/PA/11/886- Wagers. Copy of SRO 64------ 87 , Dated 02-04-2011 by Enclosed. the District Development Commissioiner Shopian. Order Enclosed. 2. that by virtue of The engagement is changed This Corrigendum brings in Corrigendum No. from the rural development the doubt whether in case of DDCS/PA/13/786-88, Dated dept. a govt. dept. to DRDA regularization which order is 14-09-2013 issued by an agency registered under to considered. District Development Societies Registration Act. Commissioiner Shopian / Chairman DRDA, whereunder the Continue daily wager named above is placed at the disposal of Project Officer DRDA Shopian for the purpose of Drawal of wages. Copy enclosed------C 3. In response to the No instructions / directions Corrigendum No. have been issued by Director DDCS/PA/13/786-88, Dated Rural Development Kashmir. 14-09-2013 issued by It seems that file / District Development communication hasnt been Commissioiner Shopian / pursued thereafter. Chairman DRDA, Project Officer DRDA preffered a communication to Director Rural Development Kashmir for necessary instructions and directions, by virtue of Communication No. DRDA/Spn/13/295-96 Dated; 07-10-2013. Copy enclosed 4. in the meantime as per The said order contains the Cabinet Decision No. list of permanent employees Dated; and a separate list of DRWs. and Govt. Order No. After the perusal of the list Dated; Gulzar Ahmad Dehal is not DRDA employees have been figuring in. Which means that observed in the line his name has not been department i.e Rural communicated when asked Developoment. Copy for. Enclosed. 5. Director Rural In reply to this Project Officer Development Kashmir vide DRDA vide his letter No: his Office Letter PO/DRDA/Spn/394 , Dated; No.DRDA/Estt/NG/175/15 13-02-2016 submitted the Dated; 08-02-2016 askd for information as NIL. Furnishing of information with regard to DRDA Employees. 6. Later Project Officer DRDA No instructions / directions vide his letter have been issued by Director No:PO/DRDA/Spn/16/399-400 Rural Development Kashmir. , Dated; 22-02-2016 in It seems that file / reference to Office Letter communication hasnt been No.DRDA/Estt/NG/175/15 pursued thereafter. Dated; 08-02-2016 of Director Rural Development Kashmir submitted the information and details of Shri Gulzar Ahmad Dehal. 7. District Development The said communication in By virtue of Government of Commissioiner Shopian vide one breath designates Sh J&K Finance Dept. Circular a his letter Gulzar Ahmad Dahal as complete ban has been No.DDCS/PA/16/1002-03, Cameraman Daily wager and imposed on the engagement Dated 23-02-2016 in in next as non-official of Casual/Seasonal/ Need reference to Project Officer Cameraman. The based workers.Copy DRDAs letter communication needs in Enclosed. No:PO/DRDA/Spn/16/399-400 depth study. , Dated; 22-02-2016 communicated to Director Rural Development Kashmir for the consideration of the case of Sh. Gulzar Ahmad Dahal. 8. with regard to wages no Sometimes wages have been clear policy of drawal of drawn out of MGNREGA wages have been followed . scheme and sometimes out of office Expenses. If you have the facts on your side, hammer them into the jury. If you have the law on your side, hammer it into the Judge. But if you have neither the facts nor the law, then hammer on the table. This is exactly what is being done. It is clear from the above facts , observations and rules that no clear policy/ approach have been followed, neither with regards to designation which kept on changing from continue daily wager to Need based worker and finally to non-official cameraman, nor with regard to mode of drawal of wages . The best course is to pursue the case/communications/ letters at Director Rural Development Kashmir and get the name included in list of DRWs of DRDAs.