Vigilantibus Et Non Dormientibus Jura Subveniunt

(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.