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Why doesn't it require empanelment as AS & Secretary for LD & DLA?

By IndianMandarins- 18 May 2017
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why-doesnt-it-require-empanelment-as-as-secretary-for-ld-dla   As the empanelment process for Additional secretary, Secretary is on, Indianmandarins has come across a rather untouched sector/service which has remained outside the gamut of empanelment. One may find it quite unusual that to hold a secretary rank post, one requires eligibility for Apex Scale and empanelment as a secretary or secretary equivalent. However, this seems to be not applicable in the matter of empanelment for Additional Secretary & Secretary rank posts in the Legislative Department (LD) and Department of Legal Affairs (DLA), even though the Department of Justice is encadred only for IAS officers and only these officers can hold the posts of Secretary or Secretary Equivalent in the department. But there have been several instances in LD and DLA where officers who joined the post of clerk in Govt of India rose to the Secretary rank and held the posts of Secretary and additional secretary, Legislative Department and Department of Legal Affairs. Of course, these clerks acquired the degree and qualification in Law before qualifying for the posts of secretary and additional secretary. Dr. Raghuvir Singh joined the service as clerk and retired from the post of Secretary, Legislative Department in the year 2000. Similarly, Mr. Nambudiri joined the service as clerk and retired from the post of Special Secretary. Surely, whichever method or guidelines may be followed, the empanelment may not be a full-proof yardstick to measure the competence. But, by and large, it endorses and entitles the officer to hold senior positions in Govt of India. Incidentally, the empanelment of Indian Legal Service takes place up to Joint Secretary level only. It does not require empanelment to hold the post ofAdditional Secretary and Secretary level post in Legislative Department and Department of Legal Affairs. Those in the know of affairs attribute the reason to Recruitment Rules (RR) which sets 08-10 years of experience in the legal sector which further discourages the talent pool to apply for a post in the department. It is argued that there is no reason for competent candidates from reputed Law Universities to apply for the DS/Dir rank after having 08-10 years of experience. Experts say that the change in RR may be one effective measure to infuse more talent and augment competence in Legislative Department and department of Legal Affairs.

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