In a significant development, the government of Jammu and Kashmir has approved the use of Executive Orders for notifying the method of recruitment in certain cases. This decision comes in the wake of concerns raised by various administrative departments regarding the filling of critical vacancies due to the absence of formal recruitment rules.
The move comes following Government Order No. 635-JK(GAD) of 2024, dated February 16, 2024, which acknowledges the challenges faced by departments in filling critical vacancies due to the lack of recruitment rules. The order highlights the importance of addressing these vacancies promptly in the interest of public welfare.
The Finance Department had previously issued circular instructions, urging departments to seek concurrence for referring vacancies only for which recruitment rules had been formulated. Similarly, the General Administration Department had advised against amending recruitment rules through Executive Orders.
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However, despite these instructions, several departments reported that critical vacancies remained unfilled due to the absence of formal recruitment rules. Consequently, the government decided to revisit the issue and seek legal opinion on the use of Executive Orders for recruitment purposes.
The Department of Law, Justice, and Parliamentary Affairs provided its opinion, stating that Executive Orders could be used in extraordinary cases where recruitment rules were deficient or absent. These orders could supplement existing rules or serve as temporary measures until formal rules were formulated.
Based on this opinion, the government approved a one-time exemption for departments to issue Executive Orders for filling gaps in existing recruitment rules or for posts where no formal rules were in place. However, this exemption is subject to certain conditions, including the formulation of formal recruitment rules within six months.
Under the new directive, departments must identify critical vacancies and justify the need for issuing Executive Orders. Additionally, they must seek concurrence from the ARI & Trainings Department and the Law Department before submitting proposals for Executive Orders.
The competent authority for approving these orders remains the same as defined for approving recruitment rules. The Finance Department has also been directed to reconsider its advisory and not deny concurrence for vacancies where recruitment method has been notified through Executive Orders.
Overall, this decision is expected to expedite the recruitment process for critical vacancies while ensuring administrative safeguards and adherence to legal requirements. It demonstrates the government’s commitment to addressing pressing manpower needs in a timely and efficient manner.
