
– हाईकोर्ट ने इस मामले में चार सप्ताह में मांगा राज्य सरकार और पेयजल निगम प्रबंधन से जवाब
– निगम के कार्यवाहक मुख्य अभियंता केके रस्तोगी पर है शासन को गुमराह करने और खुद व चहेते अभियंताओं की सीनियरिटी वरिष्ठ अभियंताओं से ऊपर रखने का आरोप
देहरादून। उत्तराखंड पेयजल निगम में अभियंता सेवा नियमावली-2011 को नैनीताल हाईकोर्ट में चुनौती दी गई है। हाईकोर्ट ने याचिका स्वीकार करते हुए उत्तराखंड सरकार और पेयजल निगम प्रबंधन से 4 सप्ताह में जवाब तलब किया है।
सहायक अभियंता एसोसिएशन के महासचिव सौरभ शर्मा की ओर से हाईकोर्ट में दायर याचिका में कहा गया है कि पेयजल निगम में जून 2018 में सहायक अभियंता सिविल संवर्ग की अनंतिम वरिष्ठता सूची क्रमांक 302 से 454 तक जारी की गई थी।
तब 15 दिन के भीतर वरिष्ठता सूची के विरुद्ध मांगे गए प्रत्यावेदनों का निस्तारण महाप्रबंधक (भूजल) एवं मुख्य अभियंता मुख्यालय द्वारा किया जा चुका था, लेकिन तत्कालीन प्रबंध निदेशक भजन सिंह के द्वारा पत्रावली पर अनुमोदन न दिए जाने के कारण वरिष्ठता सूची को अंतिम नहीं किया गया।
दरअसल विवाद डिप्लोमा कोटा के 50 प्रतिशत एवं डिग्री कोटा के 8.33 प्रतिशत के सापेक्ष पदोन्नत सहायक अभियंता की वरिष्ठता से जुड़ा है। उत्तराखंड अभियंता सेवा नियमावली 2011 के नियम 23 (2) के अनुसार पदोन्नति के माध्यम से सहायक अभियंता के पद पर नियुक्त अभियंताओं की परस्पर वरिष्ठता का निर्धारण पोषक संवर्ग कनिष्ठ अभियंता की वरिष्ठता के अनुसार निर्धारित करने का प्रावधान है।
जब सहायक अभियंता के पद पर सीधी भर्ती और पदोन्नति के माध्यम से भर्ती होती है तो तब नियम 22 के अनुसार एक संयुक्त चयन सूची बनाए जाने का प्राविधान है, जिसमें प्रथम स्थान पदोन्नत अभियंता और द्वितीय स्थान सीधी भर्ती से नियुक्त अभियंता का होगा।
लेकिन साथ ही इसी नियम के अंतर्गत रोस्टर का भी जिक्र है, जिसमें पहला पद पदोन्नत सहायक अभियंता डिग्री (एएमआईई), दूसरा पद पदोन्नत सहायक अभियंता (डिप्लोमा), तृतीय पद सीधी भर्ती से नियुक्त सहायक अभियंता को दिया गया है और यही विवाद का कारण भी है।
तत्कालीन प्रबंध निदेशक भजन सिंह और तत्कालीन मुख्य अभियंता मुख्यालय बीसी पुरोहित द्वारा उक्त नियमावली का संज्ञान लेकर वर्ष 2019 में नियम 22 को त्रुटिपूर्ण मानते हुए शासन को पत्र प्रेषित किया था।
शासन स्तर पर ही उक्त नियम के संशोधन पत्रावली की फाइल तैयार की गई, लेकिन अपर सचिव जीबी ओली ने फाइल लौटाते हुए निगम प्रबधन को निर्देश दिए कि नियमावली में जो भी संशोधन किए जाने हैं उन्हें एक साथ प्रस्ताव बनाकर शासन में प्रेषित किया जाए।
आरोप है कि वर्तमान में कार्यवाहक मुख्य अभियंता (मुख्यालय) रस्तोगी द्वारा वरिष्ठता मामले में शासन को गुमराह किया जा रहा है। नियमावली की गलत व्याख्या करके 8.33 प्रतिशत के विरुद्ध पदोन्नत सहायक अभियंता को वरिष्ठता सूची में ऊपर करने के लिए उनके द्वारा षड्यंत्र रचा जा रहा है।
कोढ़ पर खाज यह है कि 2005 में नियुक्त अभियंता को 1984 में नियुक्त कनिष्ठ अभियंता से ऊपर रखा जा रहा है। यदि ऐसा होता है तो यह नियमावली के नियम 23 (2) का खुला उल्लंघन है। साथ ही उच्च न्यायलय नैनीताल द्वारा जेसी पांडे केस में दिए गए निर्णय की भी अवमानना है। साथ ही यह कर्मचारियों के मौलिक हितों के खिलाफ भी है।
कोर्ट को यह भी अवगत कराया गया है कि कार्यवाहक मुख्य अभियंता (मुख्यालय) रस्तोगी ने जेसी पांडे केस की गलत व्याख्या करके खुद को वरिष्ठता सूची में 1996 और 2000 में पदोन्नत सहायक अभियंताओं से ऊपर रखा है, जबकि उनकी पदोन्नति सहायक अभियंता के पद पर 2002 में हुई थी।
निगम में यह भी चर्चा है कि वर्तमान में भी उनके द्वारा अधीक्षण अभियंता के पद पर नियम विरुद्ध तरीके से नोशनल पदोन्नति का लाभ लेने का प्रयास किया जा रहा है, ताकि मुख्य अभियंता के पद पर उनकी नियमित पदोन्नति हो सके।
सूत्रों का यह भी कहना है कि रस्तोगी केवल मुख्य अभियंता ही नहीं प्रबंध निदेशक के पद को लपकने को भी तानाबना बुन रहे हैं, जिसके लिए वह एड़ी-चोटी का जोर लगाकर नियमों की अपने अनुसार व्याख्या कराकर निगम प्रबंधन और शासन पर दबाव बनाने का प्रयास कर रहे हैं।
इस सम्बंध में सहायक अभियंता एसोसिएशन के प्रांतीय अध्यक्ष राजेश गुप्ता और प्रांतीय महासचिव सौरभ शर्मा ने कहा कि अभियंता सेवा नियमावली-2011 के नियम 22 को लेकर दायर याचिका को हाईकोर्ट ने स्वीकार कर लिया है।
कोर्ट को अवगत कराया गया है कि यदि नियम 22 के अनुसार संयुक्त चयन सूची बनाई जाती है, तो यह नियम 23 (2) के साथ ही संविधान के अनुच्छेद 14 एवं 16 का खुला उल्लंघन है।
नेताद्वय ने चेतावनी दी है कि इसके बाद भी यदि वरिष्ठता सूची में किसी भी प्रकार का बदलाव या छेड़छाड़ की गई तो एसोसिएशन प्रदेश स्तर पर आंदोलन करने को बाध्य होगा।
उधर, इस सम्बंध में कार्यवाहक मुख्य अभियंता केके रस्तोगी से उनका पक्ष रखने के लिए मोबाइल नम्बर पर सम्पर्क किया गया, लेकिन उनके द्वारा काल रिसीव नहीं की गई। सम्पर्क होने पर उनका पक्ष भी प्रकाशित किया जाएगा।
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निगम में अभियन्ता सेवा नियमावली में संशोधन का मामला मेरे संज्ञान में नहीं आया है। कोर्ट के आर्डर भी अभी प्राप्त नहीं हुए हैं। मैंने अभी निगम में कार्यभार संभाला है। इसलिए डिटेल जानकारी नहीं है। इस प्रकरण का अध्ययन करने के बाद ही कुछ बता पाऊंगा। लेकिन इतना जरूर है कि जो भी होगा वह निष्पक्ष और नियमों के अनुरूप होगा। किसी भी सूरत में न तो गलत काम होने दूंगा और न ही किसी कार्मिक का अहित होने दिया जाएगा।
उदयराज सिंह, प्रबन्ध निदेशक, उत्तराखंड पेयजल निगम
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