The report on general and social sector, which was tabled in the Assembly on Monday, says absence of special rules causing undue delays in recruitments
Thiruvananthapuram: The failure of the state government in framing special rules for various government departments has caused inordinate delays in issuing notifications for hundreds of vacancies. The delay had extended to 16-18 years for certain vacancies. The deficiency was revealed in the Report of the Comptroller and Auditor General (CAG) on General and Social Sector, which was tabled in the Assembly on Monday.
As per Section 2 of Kerala Public Services Act 1968 (Act), the state had to make rules for regulating the recruitment and conditions of services of persons appointed to public services and posts. The state had also issued various circulars detailing the procedure for framing Special Rules. "We noticed that, even after 47 years of enactment of the Act, Special Rules were not framed for 12 services, including Kerala Agricultural State and Subordinate Services, Kerala Health State and Subordinate Services, and Kerala Medical Education State and Subordinate Services" the report noted. In the absence of Special Rules, the method of appointment, and qualification for appointment to posts, under these services was regulated through Executive Orders. However, these orders will have statutory validity only if Special Rules were framed.
Result: As of 31 March 2016, the PSC was yet to issue notifications in respect of at least 452 vacancies pertaining to 128 posts in different departments. While delay in notification of 107 vacancies ranged from one to five years, there was a delay of five to ten years in issuing notifications for 103 vacancies. Delay in issue of notifications ranged between 16 to 18 years in respect of two vacancies.
Even when there are Special Rules, it is followed more in the breach. The Special Rules for the post of Assistant Surgeon, for instance, has prescribed degree in Modern Medicine and permanent registration with Travancore Cochin Medical Council as qualifications. However, the report noted that the PSC had in 2012 permitted candidates possessing registration with other State/Central Councils also to apply.
To minimise delay in recruitments, department heads had been instructed to report vacancies estimated for the coming year in each category of posts to the PSC by June 1 every year. If no vacancies were anticipated, a 'Nil' report was to be sent. The existing/arising vacancies were also to be reported on a monthly basis.
The audit check noticed delays ranging from five months to nine years in reporting of fresh vacancies by departments such as General Education, Agriculture and Forests and Wildlife. If a candidate does not join duty within the prescribed period of 45 days, the vacancy is to be reported to the PSC as Not Joining Duty (NJD) vacancy on the expiry of the joining period. "We noticed that, there were delays of more than three years in reporting NJD vacancies by the Education Department," the report said and added: "Delayed reporting of such vacancies would result in delayed offer of appointment to other eligible candidates."
PLIGHT OF THE DISABLED
The audit also charged the PSC with flouting the Persons with Disabilities Act. Under the Act, any vacancy that could not be filled up in a recruitment year, due to non-availability of a suitable person with disability or any other sufficient reason, shall be carried forward to the succeeding recruitment year and if in the succeeding recruitment year also a suitable person with disability was not available, it has to be filled up first by interchange among the three categories of disabled, namely blindness or low vision, hearing impairment, locomotor disability or cerebral palsy.
The employer could fill up the vacancy by appointment of a person other than a person with disability, only if no disabled person was available for the post in that year. "We observed violation of these guidelines by the PSC, resulting in posts for the disabled being filled up from the General category," the audit noted.
