THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129]

Srinagar, Thu., the 1st Sept., 2016/10th Bhad., 1938.

[ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

REGD NO. JK––33

CONTENTS

English

Pages

Vernacu-

lar pages

PART I-A— Appointments, promotions, transfers and

leave of absence sanctioned by the Governor,

Government and the Ministers

....

PART

I-B– Notifications, Communiques and General Orders

by the Government and the Ministers ....

PART 11-A– Appointments, promotions, transfers and

leave of absence sanctioned by Heads of

Departments....

PART II- B– Notifications, Notices and Orders by Heads

of

Departments,

Provincial

Heads,

Magistrates and other officers competent to

issue public notices under any law or rule ....

PART II-C– Notifications, Notices and Orders by Election

Commission of India, Chief Electoral Officer,

Jammu and Kashmir and other Officers of the

Department,

Election

Petitions

and

Judgements of Election Tribunal ....

PART

III- Laws, Regulations and Rules passed

thereunder

....

PART

IV– Reprints from the Government of India Gazette

or Gazettes of others Governments....

PART

V– Information and Statistics ....

(a) Rates and prices in the State....

(b) Rates and wages ....

(c) Crop Report and Forecasts ....

(d) Whether Observations

....

(e) Vital Statistics

....

SUPPLEMENT-A–Trade

Monthly Imports and Exports from

the State ....

SUPPLEMENT-B–Police

....

SUPPLEMENT-C–Advertisements

....

Printed at the Government Press, Srinagar.

218-222

257-266

43-44

303-312

97-98

85-88

PART I-A

Jammu & Kashmir Government–Orders

––––––––

HIGH COURT OF JAMMU AND KASHMIR AT JAMMU.

Notification

No. 5 Dated 07-04-2015.

It is hereby notified that vide High Court Order dated 06-04-2016

Mr. Rakesh Kumar Sharma S/o Mr. Jagdish Raj Sharma R/o H. No. 303,

Lane No. 3, Adarsh Enclave, Trikuta Nagar (Exton-1), Jammu has been

admitted and enrolled as an Advocate on the Roll of Jammu and Kashmir

Bar Council provisionally for a period of one year from the date of issuance

of this notification, subject to the verification of his provisional/LL.B

Degree Certificate and verification of his character and antecedent

from the concerned agency. His name has been entered under Serial

No. JK-196/2016 in the Roll of Advocates maintained by this Registry.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 60 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Waseem Sajad Malik S/o Gh. Nabi Malik R/o Gugloosa,

Noorabad, Kupwara vide Notification No. 115 dated 23-05-2013 for a

period of one year has been extended till 16-12-2016 subject to the

verification of Certificates/Degrees.

218 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 219

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 61 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Ms. Upasana Thakur D/o Mr. Kartar Singh R/o Village Adhat,

P/O Dharamahanpur, Tehsil Basohli, District Kathua vide Notification

No. 892 dated 22-12-2014 for a period of one year has been extended till

15-12-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 62 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Zahid Ahmed S/o Mr. Ghulam Mohd R/o Seri Khawaja,

Tehsil and District Poonch vide Notification No. 922 dated 23-12-2014 for

a period of one year has been extended till 15-12-2016 subject to the

verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 63 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Ajaz Afzal Lone S/o Mr. Mohammad Afzal Lone

R/o Rehmatabad, Rafiabad (Thaggund), Rohama, Baramulla vide

Notification No. 725 dated 14-11-2014 for a period of one year has been

extended till 28-10-2016 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 64 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Sayeed Aftab Hussain Shah S/o Mr. Sayed Taswar Hussain

Shah R/o Ari, Mendhar, District Poonch vide Notification No. 949 dated

23-12-2014 for a period of one year has been extended till 23-12-2016

subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 65 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Jaasir Ashraf Mir S/o Mr. Mohammad Ashraf Mir

R/o 393, Bilal Colony, Soura, Srinagar vide Notification No. 560 dated

15-10-2014 for a period of one year has been extended till 03-09-2016

subject to the verification of Certificates/Degrees.

220 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 66 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Mr. Ravi Kumar S/o Mr. Ram Lal Sharma R/o Ward No. 2,

Nowshera, Rajouri vide Notification No. 932 dated 23-12-2014 for a period

of one year has been extended till 15-12-2016 subject to the verification of

Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

Notification

No. 67 Dated 16-04-2016.

Provisional admission granted under Advocates Act, 1961 in

favour of Ms. Rita Kaship D/o Mr. Ramesh Kumar R/o H. No. 48,

Ward No. 3, Kalsotra Mohalla, Ram Nagar, Udhampur vide Notification

No. 1195 dated 24-02-2015 for a period of one year has been extended till

20-02-2017 subject to the verification of Certificates/Degrees.

The renewal/extension of provisional license/enrolment must be sought

before the date of expiry unless the absolute/final enrolment as an Advocate

is ordered therebefore.

By order.

––––––––

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 221

–––––––—––––––––––––––––––––––––––––––––––––––––––––––––———

Notification

No. 259 Dated 25-04-2016.

Provisional admission as an Advocate granted under the Advocates

Act, 1961 in favour of Mr. Bhanu Partap Singh S/o Mr. Bal Raj Singh

R/o Ward No. 15, Near RMC School, Patel Nagar, Kathua vide Notification

No. 279 dated 23-05-2014 has been declared as absolute/final.

By order.

(Sd.) MOHAMMAD YASIN BEIGH,

Joint Registrar (Admn.).

222 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Thu., the 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART I––B

Jammu and Kashmir Government––Notifications.

———–

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 17-Rev (LAJ) of 2016

Dated 16-03-2016.

Whereas, the land, specifications whereof are given below,

is required for construction of “Jhajjar Bridge connecting SMVD

University with NH at Jhajjar Manthal in Village Sool, Tehsil Katra,

District Reasi :—

Specifications

District

Tehsil

Village

Khasra No.

Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Reasi

Katra

Sool

1110

02–01

Whereas, on the basis of an indent placed by Executive Engineer,

PW (R&B) Department, Division, Katra vide No. 3405-09 dated

28-12-2015, a notification under section 4 (1) was issued by Collector,

Land Acquisition (ACR), Reasi vide No. Coll/LA/ACR/Reasi/15/726-

729 dated 19-01-2016 for land measuring 02 Kanals 01 Marlas situated

in Village Sool, Tehsil Katra, District Reasi ; and

Whereas, the notification issued by the Collector, Land Acquisition

(ACR), Reasi under section 4 (1) of the J&K State Land Acquisition

Act, was served upon the interested persons for filing objections ; and

Whereas, the Collector, Land Acquisition, Reasi vide his letter

No. Coll/LA/ACR/Reasi/15/842-846 dated 20-02-2016 has informed that

no objection was received within the stipulated period under section

5-A of the Land Acquisition Act ; and

Whereas, the report furnished by Collector, Land Acquisition

(ACR), Reasi vide his letter referred to above, duly endorsed by Deputy

Commissioner, Reasi vide his No. DC/Rsi/15-16/2815-16/SQ dated

20-02-2016, Divisional Commissioner, Jammu vide his No. 502/2576/

Acq/Sool/SMVD/Rsi/16/3147-49 and Finiancial Commissioner (Revenue),

J&K vide his No. FC-LS/LA-4458/2016 dated 14-03-2016 has been

examined and it has been found that the land owners did not file any

objection to the proposed acquisition ; and

Whereas, the Government is satisfied that the land particulars

whereof are mentioned above, is required for public purposes viz.

construction of Jhajjar Bridge connecting SMVD University with NH

at Jhajjar Manthal in Village Sool, Tehsil Katra, District Reasi.

Now, therefore, in pursuance of section 6 of the J&K State

Land Acquisition Act, Samvat 1990, it is declared that the land measuring

02 Kanals 01 Marlas details whereof are given above is required for

a public purpose viz. construction of Jhajjar Bridge connecting SMVD

University with N H at Jhajjar Manthal in Village Sool, Tehsil Katra,

District Reasi. Further, the Collector, Land Acquisition (ACR), Reasi

258

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

is directed under section 7 of the said Act to take order for acquisition

of the said land after giving prescribed notice to the interested person(s)

as required under the Land Acquisition Act/Rules.

However, the Collector concerned shall be personally responsible

for proper title verification of all types of land involved in the case,

identification of all the interested persons/rightful claimants and

apportionment of compensation thereof in accordance with the relevant

laws/rules in force, while making the award.

(Sd.)

MUHAMMAD AFZAL, IAS,

Secretary to the Government,

Revenue Department.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 18-Rev (LAK) of 2016

Dated 17-03-2016.

Whereas, the land, specifications whereof are given below,

is required for construction of Pumping Station, Zone-II in

Estate Rawalpora (Madina Colony), Tehsil Chanpora, District

Srinagar :—

Specifications

District

Tehsil

Estate/Mouza

Khasra No.

Area

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

K. M.

Srinagar

Chanpora

Rawalpora

1389 min

02–01

Whereas, on the basis of an indent placed by Project Manager,

(JKUSDIP), ERA, Kashmir vide his No. ERA/PM/JKUSDIP/K/479-

82 dated 29-01-2015, a notification under section 4 (1) was issued by

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad.,1938.

259

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Collector, Land Acquisition, ERA, Kashmir, vide No. 93-101/LA/ERA

dated 24-04-2015 for land measuring 02 Kanals 01 Marla in Estate

Rawalpora (Madina Colony), Tehsil Chanpora, District Srinagar for

construction of Pumping Station, Zone-II ; and

Whereas, the notification issued by the Collector, Land Acquisition,

ERA, Kashmir under section 4 (1) of the J&K State Land Acquisition

Act, was served upon the interested persons for filing objections ; and

Whereas, the Collector, Land Acquisition, ERA, Kashmir vide

letter No. 903-905/LA/ERA dated 29-09-2015 read with letter dated

08-03-2016 has informed that no objection was received within the

stipulated period under section 5-A of the Land Acquisition Act ; and

Whereas, the report furnished by Collector, Land Acquisition,

ERA, Kashmir vide referred to above has been examined and it has

been found that the case was placed before the District Level

Negotiation Committee on 18-04-2015, wherein the land owners did not

agree to part with the land for the proposed acquisition and demanded

exorbitant rates consequent upon which decided to acquire the land

through compulsory mode of acquisition ; and

Whereas, a declaration under sections 6&7 of the Land Acquisition

Act was issued by the Deputy Commissioner, Srinagar vide his No.

DCS/LAS/1851/235-39 dated 09-07-2015, which was subsequently

withdrawn vide No. DCS/LAS/1851/1262-68 dated 18-02-2016 by the

Deputy Commissioner, who, inter alia, requested for issuance of a fresh

declaration/notification under sections 6&7 of the Land Acquisition Act

by the competent authority ; and

Whereas, the Collector, Land Acquisition, ERA, Kashmir has

requested for invoking urgency clause under section 17 of the Land

Acquisition Act, enabling him to take over possessed of the land,

immediately, in anticipation of the Award ; and

Whereas, the report of the Collector, Land Acquisition, ERA,

Kashmir vide No. referred to above duly endorsed by Deputy

260

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Commissioner, Srinagar vide No. DCS/LAS/482-483 dated 15-10-2015

read with No. DCS/LAS/1851/744 dated 10-12-2015, Divisional

Commissioner, Kashmir vide No. Div. Com./LAS-Acq/2911/1468 dated

09-01-2016 and Financial Commissioner (Revenue), J&K vide

No. FC-LS/LA-444/2016 dated 01-02-2016, has been examined and it

has been found that there is no alternate but to acquire the land through

compulsory mode of acquisition for the aforementioned public

purpose ; and

Whereas, the Government is satisfied that the land particulars

whereof are mentioned above to this notification, is required for public

purpose viz. construction of Pumping Station, Zone-II in Estate

Rawalpora (Madina Colony), Tehsil Chanpora, District Srinagar.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

02 Kanals 01 Marla in Estate Rawalpora (Madina Colony), Tehsil

Chanpora, District Srinagar details whereof are indicated above to this

notification is required for a public purpose viz. for construction of

Pumping Station, Zone-II. Further, the Collector, Land Acquisition, ERA,

Kashmir is directed under section 7 of the said Act to take order for

acquisition of the said land after giving prescribed notice to the interested

person(s) as required under the Land Acquisition Act/Rules.

Since, there is urgency involved in matter, in pursuance of section

17 of the J&K State Land Acquisition Act, 1990, it is ordered that

on expiry of fifteen days from the date of publication of notification

under section 9(2) of the said Act, the Collector, Land Acquisition, ERA,

Kashmir will take possession of the aforementioned land situated in

Estate Rawalpora (Madina Colony), Tehsil Chanpora, District Srinagar

required for public purposes, subject to the fulfilment of conditions

prescribed under section 9(2) and section 17-A of the J&K State Land

Acquisition Act and Rule 63 of the J&K Land Acquisition Rules.

However, the Collector, concerned shall be personally responsible

proper title verification of all types of land involved in the case,

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad.,1938.

261

––––––––––––––––––––––––––––––––––––––––––––––––––––––

identification of all the interested persons/rightful claimants and

apportionment of compensation thereof in accordance with the relevant

laws/rules in force, while making the award.

By order of the Government of Jammu and Kashmir.

(Sd.)

MUHAMMAD AFZAL, IAS,

Secretary to the Government,

Revenue Department.

–––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—REVENUE DEPARTMENT.

Notification No. 19-Rev (LAK) of 2016

Dated 17-03-2016.

Whereas, the land, specifications whereof are given in

Annexure “A” to this notification, is required for construction of 9 MW

Hydel Project at Hanu and Dha, Tehsil Khaltsi, District Leh ; and

Whereas, on the basis of an indent placed by Executive

Engineer, Civil Division-I, PDC, Khaltsi vide No. CD-1/PDC/KH/88-

90 dated 17-12-2015, a notification under section 4(1) was issued by

Collector, Land Acquisition (SDM), Khaltsi vide No. SDMK-81(D)/Rev/

2013 dated 15-01-2016 for land measuring 22 Kanals 13 Marlas and

37 Kanals 03 Marlas situated in Villages Hanu and Dha, Tehsil Khaltsi,

District Leh for construction of 9 MW Hydel Project ; and

Whereas, the notification issued by the Collector, Land Acquisition

(SDM), Khaltsi under section 4(1) of the J&K State Land Acquisition

Act, was served upon the interested persons for filing objections ; and

Whereas, the Deputy Commissioner, Leh vide his letter No. LAC-

25(D)Rev/2016 (803) dated 02-03-2016 has informed that no objection

262

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

was received within the stipulated period under section 5-A of the Land

Acquisition Act ; and

Whereas, the report furnished by Deputy Commissioner, Leh vide

his letter No. LRA-25(D) Rev/2012 (803) dated 25-02-2016, has been

examined and it has been found that the land owners are not averse

to the proposed acquisition ; and

Whereas, the Government is satisfied that the particulars whereof

are mentioned in Annexure “A” to this notification, is required for public

purposes i. e. for construction of 9 MW Hydel Project at Hanu and

Dha, Tehsil Khaltsi, District Leh.

Now, therefore, in pursuance of section 6 of the J&K State Land

Acquisition Act, Samvat 1990, it is declared that the land measuring

22 Kanals 13 Marlas and 37 Kanals 03 Marlas situated in Villages

Hanu and Dha, respectively, Tehsil Khaltsi, District Leh, details whereof

are indicated in Annexure “A” to this notification is required for a public

purpose viz. construction of 9 MW Hydel Project at Hanu and Dha,

Tehsil Khaltsi, District Leh. Further, the Collector, Land Acquisition

(SDM), Khaltsi is directed under section 7 of the said Act to take

order for acquisition of the said land after giving prescribed notice to

the interested person(s) as required under the Land Acquisition Act/

Rules.

However, the Collector concerned shall be personally responsible

for proper title verification of all types of land involved in the case,

identification of all the interested persons/rightful claimants and

apportionment of compensation thereof in accordance with the relevant

laws/rules in force, while making the award.

(Sd.)

MUHAMMAD AFZAL, IAS,

Secretary to the Government,

Revenue Department.

–––––––

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad.,1938.

263

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Annexure ‘A’ to Notification No. 19-Rev(LAK) of 2016

dated 17-03-2016.

District

Tehsil

Village

Khasra Nos.

Area

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

1

2

3

4

5

–––––––––––––––––––––––––––––––––––––––––––––––––––––-

K. M.

Leh

Khaltsi

Hanu

1824

00–17

1825

03–02

2995

10–18

2996/2333/1800

04–09

1807

01–14

2923/2904/2729

01–13

–––––

Total

22–13

–––––

Leh

Khaltsi

Dha

666

03–15

665

00–14

667

04–16

673 Min

08–12

686 Min

02–09

677

01–03

678 Min

01–09

676 Min

01–19

675 Min

07–06

1810

05–00

–––––

Total

37–03

–––––

–––––––

264

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT.

Subject :—Ensuring punctuality in the Government Offices and

promoting transparency.

––––––––

Circular No. 23-GAD of 2016

Dated 26-04-2016.

In order to ensure punctuality in Government Offices and for

promoting a transparent work culture, the Hon’ble Chief Minister has

directed that attendance of the empolyees shall be checked and reported

to their controlling officers, on a daily/weekly basis. This should be done

without any consideration of their being related or affiliated with the

person(s) holding high public offices/constitutional or any other influential

position. Besides, no special treatment should be given to such persons

for availing the benefits and accessing various services available to the

citizens under the laid down framework.

All the Administrative Secretaries are requested to ensure strict

compliance of these instructions.

(Sd.)

GAZZANFER HUSSAIN,

Commissioner/Secretary to the Government.

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

CIVIL SECRETARIAT—GENERAL ADMINISTRATION

DEPARTMENT.

Subject :—Appointment of Vice-Chairman, Jammu and Kashmir State

Advisory Board for Welfare and Development of the Other

Backward Classes (OBCs).

––––––––

Government Order No. 843-GAD of 2016

Dated 02-08-2016.

Mr. Rashpaul Verma S/o Late Mr. Prabhu Dayal R/o Chhan

Matloni, Ghagwal, District Samba is hereby appointed as Vice-Chairman,

No. 22]

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad.,1938.

265

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Jammu and Kashmir State Advvisory Board for Welfare and

Development of the Other Backward Classes (OBCs).

The terms and conditions for the appointment of Mr. Rashpaul

Verma will be notified separately.

By order of the Government of Jammu and Kashmir.

(Sd.)

BASHIR AHMAD LONE, KAS,

Additional Secretary to the Government.

266

The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Thu., the 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II––A

Orders by Heads of Departments.

––––––

CHARGE REPORTS

In pursuance of Government Order No. 365-GAD of 2016

dated 11-04-2016, we the undersigned handover/takeover the charge

of the Office of Commissioner, Commercial Taxes, J&K today on 12th of

April, 2016 A. N.

(Sd.) HILAL AHMED PARRAY, IAS.

Relieved Officer.

(Sd.) VINEETA GUPTA, IAS.

Relieving Officer.

––––––––

Subject :––Handing over/taking over the charge of the post(s) of

Administrative Secretary, Information, H&P, Civil Aviation and

Estates Departments.

–––––––

In pursuance of Government Order No. 389-GAD of 2016 dated

18-04-2016, we the undersigned hereby handover/takeover the charge of

the post(s) of Administrative Secretary, Information, H&P, Civil Aviation

and Estates Departments today i. e. on April 18, 2016 afternoon.

(Sd.) B. B. VYAS, IAS,

Financial Commissioner,

Planning and Dev. Department.

Relieved Officer.

(Sd.) NAVIN KUMAR CHOUDHARY, IAS,

Principal Secretary to Hon’ble Chief Minister.

Relieving Officer.

44 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

POWER GRID CORPORATION OF INDIA LTD.,

NARWAL-II BALA, BY-PASS ROAD, JAMMU.

No. N2JM/PGCIL/CLA/2016/3231-38

Dated 29-12-2016.

Subject:––Notification under section 4 (1) of Land Acquisition Act, 1990

Samvat as amended up-to-date.

––––––

In exercise to powers conferred upon me under section 4 (1)

of Land Acquisition Act, 1990 Samvat I, Kamla Devi (KAS),

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Thu., the 1st Sept. 2016/10th Bhad., 1938. [No. 22

Separate paging is given to this part in order that it may be filed as a

separate compilation.

PART II––B

Notifications, Notices and Orders by Heads of Departments.

_______

Collector, Land Acquisition, Power Grid Corporation of India Limited,

Jammu, do hereby notify that the land measuring 15 Kanlas 19

Marlas 1½ Sarsaie of Village Tarmara, Ritti, Ksheer, Ser, Kuperla,

Daroo and District Udhampur, particulars of which shown below is

likely to be acquired for public purpose namely construction of 400

KV D/C Dulhasti-Kishenpur Transmission Line :–

District

Tehsil

Village

Location

Khasra

Area

No.

No.

–––––––––––––––––––––––––––––––––––––––––––––––––––––

1

2

3

4

5

6

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Udhampur

Udhampur

Tarmara

304/0

226

01–08–04

Ritti

327/0

737

00–17–08

738

00–02–03

–––––––

Total

01–00–02

–––––––

Udhampur

Udhampur

Ksheer

331/0

109 min 00–03–00

126 min 00–08–05

128

00–06–06

129

00–16–07

–––––––

Total

01–15–00

–––––––

Udhampur

Udhampur

Ser

304/C

27

01–08–04

2

00–05–06

3

00–04–04

304/A

4

00–06–01

5

00–12–00

–––––––

Total

01–08–02

–––––––

304 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

305/A

162

00–11–03

163

00–17–03

–––––––

Total

01–08–03

–––––––

306/0

174

01–09–07

177

00–16–00

–––––––

Total

02–05–07

–––––––

307/0

280

01–09–07

–––––––

Kuprla

316

433

00–02–02

434

00–00–04

435

00–01–01

436

00–01–04

447

00–00–07

–––––––

Total

00–06–00

–––––––

Darsoo

338/0

1145

00–09–03

1146

00–14–4½

–––––––

Total

01–03–7½

–––––––

328/0

1252

01–05–00

–––––––

Total

15–19–1½

–––––––

(Sd.) KAMLA DEVI, KAS,

Collector, Land Acquisition,

Power Grid Corporation of India,

NR-II, Narwal, Bye-Pass,

Jammu.

––––––

1

2

3

4

5

6

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

No. 22] The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 305

–––––––––––––––––––––––––––––––––––––––––––––––———––––––––

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN,

EVACUEES PROPERTY, DISTRICT POONCH.

Notification

Dated 26-02-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir State Evacuees (Administration of Property) Act VI of

2006, the Deputy Custodian is pleased to notify for general

information the list of evacuees properties specified in the schedule

annexed hereto which have vested in him.

Schedule

Description

Location

–––––––––––––––––––––––––––––––––––––––––––––––––––––

Evacuee property land covered under

Village Samote,

Kh. No. 996/1 belonging to Mohd Din,

Tehsil Surankote,

Badar Din and others Ss/o Bhaka Mohd,

Poonch.

evacuees of 1947 illegal construction

raised by Sh. Sarfraz Ahmad S/o Tufail

Hussain with following dimensons as

under :–

Four rooms. 13'-5''X15'', 13'-5''X15'

13'-5''X15 13'-5''X15, Read in

Section 9A, Evacuee Property

Act, 2006.

(Sd.) A. R SHEIKH,

Deputy Custodian,

Evacuee Property,

Poonch.

––––––

306 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN,

EVACUEES PROPERTY, DISTRICT POONCH.

Notification

Dated 26-02-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir State Evacuees (Administration of Property) Act VI of

2006, the Deputy Custodian is pleased to notify for general

information the list of evacuees properties specified in the schedule

annexed hereto which have vested in him.

Schedule

Description

Location

–––––––––––––––––––––––––––––––––––––––––––––––––––––

Evacuee property land covered under

Village Samot,

Kh. No. 996 belonging to Mohd Din,

Tehsil Surankote,

Badar Din and others Ss/o Bhaka Mohd,

Poonch.

evacuees of 1947 illegal construction

raised by Nisar Ahmad S/o Alla Ditha

with following dimensons under :–

Three Shops 9'X20''-9'X20''-9'X20''

Read in Section 9A,

Evacuee Property Act, 2006.

(Sd.) A. R SHEIKH,

Deputy Custodian,

Evacuee Property,

Poonch.

––––––

No. 22] The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 307

–––––––––––––––––––––––––––––––––––––––––––––––———––––––––

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN,

EVACUEES PROPERTY, DISTRICT POONCH.

Notification

Dated 26-02-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir State Evacuees (Administration of Property) Act VI of

2006, the Deputy Custodian is pleased to notify for general

information the list of evacuees properties specified in the schedule

annexed hereto which have vested in him.

Schedule

Description

Location

–––––––––––––––––––––––––––––––––––––––––––––––––––––

Evacuee property land covered under

Village Samote,

Kh. No. 996 belonging to Mohd Din,

Tehsil Surankote,

Badar Din and others Ss/o Bhaka Mohd,

Poonch.

evacuee of 1947 illegal construction

raised by Manga S/o Habib with following

dimensons as under :–

Three Shops 18'X10' 7'-6'X14''

7'-6'X14'' Read in Section 9A,

Evacuee Property Act, 2006.

(Sd.) A. R SHEIKH,

Deputy Custodian,

Evacuee Property,

Poonch.

––––––

308 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

(REHABILITATION DEPARTMENT),

OFFICE OF THE DEPUTY CUSTODIAN,

EVACUEES PROPERTY, DISTRICT POONCH.

Notification

Dated 26-02-2016.

In pursuance of sub-section (1) section 6 of the Jammu and

Kashmir State Evacuees (Administration of Property) Act VI of

2006, the Deputy Custodian is pleased to notify for general

information the list of evacuees properties specified in the schedule

annexed hereto which have vested in him.

Schedule

Description

Location

–––––––––––––––––––––––––––––––––––––––––––––––––––––

Evacuee property land covered under

Village Banch,

Kh. No. 300 measuring 5 Kanlas 2 Marlas Tehsil Haveli,

belonging to Ghulam Hayder S/o Gulsher

Poonch

evacuees illegal construction raised by

Mohd Rafiq and other Ss/o Mohd Ayoub

with following dimensons as under :–

Two Rooms 10'X15' 10'X15' in 2. F

Four Rooms 12'X10'-12'X10'-12'X10'-

12'X10'

Bath Room 6'X8' Looby 8'X15' Fister

Read in Section 9A,

Evacuee Property Act, 2006.

(Sd) A. R SHEIKH

Deputy Custodian,

Evacuee Property,

Poonch.

––––––

No. 22] The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 309

–––––––––––––––––––––––––––––––––––––––––––––––———––––––––

OFFICE OF THE COLLECTOR, LAND ACQUISITION,

SDM, GANDOH

Notification under section 4 (1) of Land Acquisition

Act, 1990 BK.

Whereas, the Chief Medical Officer, Doda vide his No. CMOD/

plg/Acq/410-14 dated 15-09-2015 has furnished indent for acquisition

of land for construction of NTPHC Chilly Paine in Village Chilli, Tehsil

Chilly Pingal, District Doda under Medical Department.

Specification of the land is as under.

Tehsil

Village

Kh. Nos.

Area

No. of

No. of

No.

Structure

F/B/T

N/F/B/T

–––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M.

Chilli

Chilly

254 min 00–11

–

02

–

Pingal

Pine

256 min 00–18

–

02

–

00–14

–

08

–

–––––

––

Total 02–03

10

–––––

––

Therefore, I, Dil Mir Choudhary, KAS, Collector, Land

Acquisition (Sub-Divisional Magistrate), Gandoh in exercise of the

powers vested in me under sub-section (1) of section 4 of the Land

Acquisition Act, 1990 BK, do hereby notify the land particulars of

which are given above is likely to be needed for public purpose viz.

for construction of NTPHC Chilly Pine Village Chilly, Tehsil Chilly

Pingal, District Doda under Medical Department.

Objections, if any, to the acquisition of the land will be received

by the undersigned within fifteen days from the date of publication

of this notice personally or through authorized agent.

(Sd.) DIL MIR CHOUDHARY, KAS,

Collector, Land Acquisition,

Sub-Divisional Magistrate,

Gandoh.

––––––

310 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR,

OFFICE OF THE COLLECTOR, LAND ACQUISITION, URI

(ASSISTANT COMMISSIONER, REVENUE), BARAMULLA.

Subject :—Acquisition of addl. land for construction of Road under

PMGSY from Bela Salamabad to Hilled Peernia in Estate

Hilled Peernia, Tehsil Boniyar, District Baramulla

(Land measuring 07 Marlas 07 Srs.).

Reference :— Executive Engineer, PMGSY Division, Uri’s letter

No. EE/PMGSY/Uri/1688-92 dated 13-10-2015.

––––––

Notification under section 4.

In exercise of the powers vested in me under the provisions of

sub-section (1) of section 4 of J&K Land Acquisition Act,

Samvat 1990, I, Collector, Land Acquisition, Uri (Assistant Commissioner,

Revenue), Baramulla do hereby notify the land for public purpose namely

construction of Road under PMGSY from Bela Salamabad to Hilled

Peernia in Estate Hilled Peernia, Tehsil Boniyar, District Baramulla (Land

measuring 07 Marlas 07 Sirs) :–

The particulars of land are given hereinbelow :–

District

Tehsil

Village

Kh. No.

Area

––––––––––––––––––––––––––––––––––––––––––––––––––––––

K. M. S.

Baramulla

Boniyar

Hilled Peernia

209

00–07–07

Total (Land measuring 02 Marlas 01 Srs).

Objections from interested persons/land owners (if any) will be

received by the undersigned up to 15 days from the date of issuance of

this notification.

(Sd.).........................

Collector, Land Acquisition, Uri,

Assistant Commissioner (Rev.),

Baramulla.

––––––

No. 22] The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. 311

–––––––––––––––––––––––––––––––––––––––––––––––———––––––––

Notice

I, Smt. Sheelo Devi W/o Late Sh. Dharam Chand R/o Bhour

Kullian, P/O Bhour Camp, Tehsil Jammu (S), District Jammu wants

to correct the name of my husband in the army service records of

my son as Army No. 1072275-A Rank SWR Tilak Raj S/o Sh. Dharam

Chand which has been wrongly written as Dharam Raj whereas his

correct name is it Sh. Dharam Chand. Objection, if any, may be

conveyed to AC records C/o 56 APO within 7 days.

312 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

THE

JAMMU AND KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Thu., the 1st Sept., 2016/10th Bhad., 1938. [ No. 22

––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

ADVERTISEMENTS–C

––––––

GOVERNMENT OF JAMMU AND KASHMIR,

DIRECTORATE OF SAINIK WELFARE, AMBPHALLA,

JAMMU-180005.

Advertisement Notice 109-ESTT/DSW/2016

Dated 02-09-2016.

1. Applications are invited on the prescribed Proforma as per

Appendix ‘A’ to this notification from the ex-servicemen of the concerned

District of J&K State for the under mentioned posts :–––

Post

No. of Pay Scale

Qualification

Place of

Posts

Posting

––––––––––––––––––––––––––––––––––––––––––––––––––––––

(i) Peon-

02

IS 4440-7440

(i) Should be minimum

ZSWO,

cum-

with GP 1300/- Matric and Maximum 10+2

Baramulla

Chowkidar,

(An ex-serviceman who has

ZSWO, Baramulla

passed Army First Class

(District Cadre)

Certificate and has put in 15

years of service in the Armed

Forces shall be considered to

be a Matriculate).

(ii) Should bear an Exemplary

Character at the time of retirement

from Defence Services.

2. The candidates should not be less than 34 years or more than 52

years of age as on 01 January, 2016.

3. Service terms and conditions and emoluments applicable as per

relevent service rules of the State Government will apply.

4. Application forms should reach their concerned Zila Sainik Welfare

Office by 30 Sept., 2016 positively duly completed in all respects along

with following documents, duly attested :–––

(a)

Matriculate Certificate with Date of Birth.

(b)

Permanent Resident Certificate.

(c)

Attested copy of Discharge Certificate.

(d)

Qualification Certificate.

(e)

Marks Certificate of each examination passed.

(f)

Experience Certificate, if any.

(g)

A self addressed envelope duly stamped.

5. Incomplete applications will not be considered. The department

has full right to reject the application forms not meeting the eligibility. Eligible

ex-servicemen will have to appear for interview at the place, to be intimated

later, at their own expense. The candidates who apply for the post and do

not get call letters for Interview will not seek reasons for rejection of their

applications from the department.

(Sd.) BRIG. HARCHARAN SINGH (Retd.),

Director, Sainik Welfare.

98 The J&K Govt. Gazette, 1st Sept., 2016/10th Bhad., 1938.

[No. 22

––––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 23rd July, 2016 and

is hereby published for general information :––

THE JAMMU AND KASHMIR PUBLIC PREMISES

(EVICTION OF UNAUTHORISED OCCUPANTS)

(AMENDMENT) ACT, 2016

(Act No. VII of 2016)

[23rd July, 2016.]

An Act to amend the Jammu and Kashmir Public Premises

(Eviction of Unauthorised Occupants) Act, 1988.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-1

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India as follows :––

1. Short title and commencement.––(1) This Act may be called

the Jammu and Kashmir Public Premises (Eviction of Unauthorised

Occupants) (Amendment) Act, 2016.

(2) It shall come into force from the date of its publication in

the Government Gazette.

2. Amendment in section 2.––In section 2 of the Jammu and

Kashmir Public Premises (Eviction of Unauthorised Occupants)

Act, 1988 (hereinafter referred to as the ‘Principal Act’),––

(i) existing clause (a) shall be renumbered as clause (aa) ;

and

(ii) before clause (aa), as so renumbered, the following clause

shall be inserted :––

“(a) ‘appellate officer’ in respect of a public premises

means the District Magistrate of the District in which such

public premises are situate.”

3. Substitution in section 4.––For section 4 of the Principal Act,

the following shall be substituted, namely :––

“4. Issue of notice to produce documents in proof of

authorization of occupation.––(1) If the Estates Officer has

reasons to believe that any person is in unauthorized occupation

of any public premises and that he should be evicted, the

Estates Officer shall call upon such person by a notice in writing

to produce any documentary or other evidence within a period

of seven days from the date of issuance of such notice to

prove that he had been duly authorized by the Competent

2

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-1

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

Authority to occupy such public premises failing which the

person/persons shall be evicted after expiry date.

(2) When a person is served with a notice under

sub-section (1), the burden of proving that he has been duly

authorized to occupy public premises by the authority

competent to do so shall be upon such person.

(3) The notice shall be serve upon such occupant by having

it affixed on the outer door or some other conspicuous part

of the public premises and also be published in at least two

leading newspapers or in such other manner as may be

prescribed, whereupon the notice shall be deemed to have been

duly served to all persons concerned.

(4) Where the Estates Officer knows or has reasons to believe

that more than one person is in occupation of the public

premises, then, without prejudice to the provisions of sub-section

(3) he shall cause a copy of the notice to be served on every

such person in the manner as aforesaid.”

4. Amendment in section 5.––In section 5 of the Principal Act,

for sub-section (1), the following sub-section shall be substituted,

namely :–

“(1) If after a person who has been served with a notice to

produce proof or evidence under section 4 fails to produce

any such proof or evidence within the stipulated period, or if

after considering the proof or evidence, if any, produced by

him, the Estates Officer is satisfied that the public premises

is in unauthorized occupation, the Estates Officer shall make

an order of eviction for reasons to be recorded therein directing

that the public premises shall be vacated, on such date as may

be specified in the order, by such person or all such persons

who may be in occupation thereof or any part thereof and cause

No. 16-1]

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

3

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

a copy of the order to be affixed on the outer door or some

other conspicuous part of the public premises.”

5. Amendment in section 12.––In section 12 of the Principal Act,

for sub-section (1), the following sub-section shall be substituted,

namely :––

“(1) An appeal shall lie from every order of the Estates Officer

made in respect of any public premises under section 5 or

section 7 or section 8 or section 10 to the District Magistrate

of the District in which public premises are situate.”

6. Amendment in section 19.––In section 19 of the Principal Act

for the words “court” the words “civil court” shall be substituted.

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

4

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-1

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

GOVERNMENT OF JAMMU AND KASHMIR

CIVIL SECRETARIAT––DEPARTMENT OF LAW, JUSTICE

AND PARLIAMENTARY AFFAIRS

Srinagar, the 23rd July, 2016.

The following Act as passed by the Jammu and Kashmir State

Legislature received the assent of the Governor on 23rd July, 2016 and

is hereby published for general information :––

THE JAMMU AND KASHMIR STATE COMMISSION FOR

BACKWARD CLASSES (AMENDMENT) ACT, 2016.

(Act No. IX of 2016)

[23rd July, 2016.]

An Act to amend the Jammu and Kashmir State Commission for

Backward Classes Act, 1997.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Sat., the 23rd July, 2016/1st Srav., 1938. [No. 16-3

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

EXTRAORDINARY

REGD. NO. JK—33

Be it enacted by the Jammu and Kashmir State Legislature in

the Sixty-seventh Year of the Republic of India, as follows :––

1. Short title and commencement.––(l) This Act may be called

the Jammu and Kashmir State Commission for Backward Classes

(Amendment) Act, 2016.

(2) It shall come into force from the date of its publication in

the Government Gazette.

2. Amendment of section 3, Act No. XII of 1997.––In the Jammu

and Kashmir State Commission for Backward Classes Act, 1997

(hereinafter referred to as ‘the principal Act’) in section 3, in

sub-section (2),––

I. for clause (a), the following clause shall be substituted,

namely :––

“(a) a Chairperson who has for at least two years held

the post of a Commissioner/Secretary to the Government

or equivalent ;” ;

II. for clause (c), the following clause shall be substituted,

namely :––

“(c) an eminent lawyer who has an experience of ten years

at Bar in the Supreme Court or the High Court and having

knowledge of matters pertaining to social justice and

empowerment of weak and underprivileged classes ;” ;

3. Amendment of section 4-B, Act No. XII of 1997.––

In section 4-B of ‘the principal Act’,––

I. for sub-section (1), the following sub-section shall be

substituted, namely :––

“(1) The Chairperson and members shall be entitled to such

salary, allowances and other conditions of services as may

be prescribed.” ;

2

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

[No. 16-3

––––––––––––––––––––––––––––––––––––––––––––––—–––—————

II. sub-section (2) shall be omitted ; and

III. sub-sections (3) and (4) shall be renumbered as

sub-sections (2) and (3) respectively.

(Sd.) ACHAL SETHI,

Additional Secretary to Government,

Department of Law, Justice and Parliamentary Affairs.

No. 16-3]

The J&K Govt. Gazette, 23rd July, 2016/1st Srav., 1938.

3

–––––––—–––––––––––––––––––––––––––––––––––––––––––––––———

GOVERNMENT OF JAMMU AND KASHMIR,

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

J&K, SRINAGAR.

––––––

Present : Kossar Ahmad Qureshi, Presiding Officer

File No. 923/ITLC/14.

Date of Institution : 12-05-2014.

Date of Decision : 15-06-2016.

––––––

In the case of :

Ajaz Ahmad Mir S/o Abdul Gani Mir R/o Drangbal, Pampore, Kashmir.

(Petitioner/Employee)

Versus

1. General Officer Commanding, HQ 15 Corps Q (Ops) C/O 56 APO,

Srinagar, Kashmir.

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129] Srinagar, Mon., the 25th July, 2016/3rd Srav., 1938.[No. 16-7

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II––B

Notifications, Notices and Orders by Heads of Departments.

———–

EXTRAORDINARY

REGD. NO. JK—33

2. Commanding Officer, Col. 7 RR, Badami Bagh Cantonment, Srinagar,

Kashmir, C/o 56 APO, Srinagar, Kashmir.

3. Lt. C/o 7 RR (Punjab) Badami Bagh Contonment, Srinagar, Kashmir

C/o 56 APO, Srinagar, Kashmir.

4. HQ. 31, Sub Area Commander, Badami Bagh Contonment, Srinagar,

Kashmir, C/o 56 APO, Srinagar, Kashmir.

5. Director Defense Procurement Officer, Sanat Nagar, Srinagar, Kashmir.

(Respondent/Employers)

–––––––

In the Matter of :––

Reference under sub-section (2) of section 2A of

the Amendment of 2010 of I. D. Act, 1947.

Apperaring Counsel

Mr. Shabir A. Budoo, Advocate for Petitioner

Memo for Respondents

––––––

ORDER/AWARD

The brief facts of the instant case are that the petitioner being

permanent resident of the State of Jammu and Kashmir, came to be engaged

by the Respondent No. 03 as Porter on contractual/daily wage basis from

the year 2005 w. e. f. 02/07/2005 by virtue of order dated 01/07/2005

issued by Respondent No. 03 and after his engagement, the petitioner was

smoothly working as Porter without any service break and also wages

were paid to the petitioner on each and every month and the last paid

wages were Rs. 4600/- per month which was earlier paid by cash and later from

the year 2011, the same was credited in the Saving Bank Account of the

petitioner running in State Bank of India, B/O Chinar Shopping Complex,

Badami Bagh Cantonment, Srinagar, Kashmir and later from the year 2012,

the said wages were credited in the account running in Post Office Branch

lying in the premises of Respondent No. 04, Srinagar, Kashmir. It is further

stated that all of sudden, the Responants, in the month of January, 2013 restrained

2

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

[No. 16-7

–––––––––––––––––––––––––––––––––––––––––––––—–––—————

the petitioner from entering in the office premises, by issuing instructions to

the gate security officer and accordingly the petitioner was not allowed to

enter into office premises since January, 2013 and thereafter did not allowthe

petitioner to perform his duty which the petitioner was performing since

02/07/2005 for the reason best known to them however the petitioner is not

aware as to whether any order of disbanding of the petitioner from his

services, has been passed by the Respondents or not nor any reasons or

prior notice has been served upon the petitioner and ultimately the said

illegal act of the Respondents constrained the petitioner to serve a legal

notice to the Respondents on 30/01/2013 through Mr. Nazir Ahmad Beig,

Advocate, J&K High Court, Srinagar, Kashmir and in response to the said

legal notice, the Respondents have send a reply dated 21/02/2013 where

through admitted that the petitioner was engaged as Porter but have wrongly

mentioned that the petitioner was engaged since April, 2010 when in fact

the petitioner has been engaged since 02/07/2005 however have mentioned

in their reply that the petitioner has been disengaged w. e. f. December,

2012 and further have remained silent as to whether any formal order in

this regard has been issued or not. After which the petitioner filed a petition

before the Ld. Assistant Labour Commissioner, Srinagar on 26/03/2013

against the said disbanding of the petitioner from the services by the

Respondents but the same was returned back by the Ld. Assistant Labour

Commissioner, Srinagar for want of jurisdiction by observing that the

Respondents are not falling within the definition of “Industry” and also for

want of “appropriate Govt.”. Thereafter the petitioner approached to the

Ld. Regional Commissioner (Central), Jammu, in response to that, the Ld.

Regional Labour Commissioner (Central), Jammu vide his Letter No. 28

(Misc)/2013/RLC/Jammu dated 09-10-2013, returned the application back,

to the petitioner, with a suggestion to the petitioner, to approach the Ld.

Assistant Labour Commissioner, Srinagar for redressal of his grievances.

Upon which the petitioner thereafter re-approached the Ld. Assistant Labour

Commissioner, Srinagar, Kashmir with a fresh application for initiating

conciliation proceedings for resolving the industrial dispute between the

petitioner/employee and Respondents/employer. Upon receiving the said

No. 16-7]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

3

–––––––—––––––––––––––––––––––––––––––––––––––––––––––———

fresh application, the Respondents were put to notice and filed their written

objections to the said application by taking the same stand as was taken in

the supra reply to the aforesaid legal notice and thereafter the Respondents

did not turn up before the Ld. Assistant Labour Commissioner, Srinagar

despite waiting for more than two to three months. It is further stated that

despite lapse of said period of more than two to three months, the petitioner

directly without wasting further time, filed the instant reference petition

on 12/05/2014, before this Tribunal, in view of the provisions of

sub-section (2) of section 2A of the I. D. Act which confers right to the

petitioner to file a reference petition directly before this Tribunal after the

expiry of 45 days from the date of receipt of application by the Conciliation

Officer and the same provision empowers this Tribunal to entertain and

adjudicate upon the issues and claim, prayed for, in the said reference petition.

Upon receiving the instant reference petition, the same has been

registered and thereafter the Respondents were put to notice who caused

their appearance and filed their written objections on 26/11/2014, same has

been placed on record and through their aforesaid written objections, the

stand of the Respondents is that the petitioner was engaged by the

Respondent No. 03 as Casual Porters with 7 RR during the period from

April, 2010 to December, 2012 and his appointment was purely need basis

as such the petitioner can neither be reinstated nor can be permanently absorbed.

The Respondents later have chosen not to appear, consequently, the

Respondents have been set in ex parte on 29/01/2015 resultantly the petitioner

was directed to lead evidence in ex parte. Upon which the petitioner in

addition to his own, has also produced 04 witnesses total 05 witnesses on

affidavits and the same have been placed on record. These 04 witnesses

are Sajad Ahmad Mir, Adil Ali Malla, Mohammad Ashraf Dar and

Mohammad Ishfaq Bhat. All of them have narrated the same story in their

respective affidavits and corroborated the stand of the petitioner in its totality

and thereafter on the submission of the petitioner, the right of producing

more evidence of the petitioner was closed on 06/05/2015 and the instant

reference has been fixed for final arguments.

4

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[No. 16-7

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Heard the petitioner and perused the whole record file and after

considering the whole record file, I feel it necessary that before going through

the issues involved in the reference, which are 1) whether the termination

of the petitioner from his services, by the Respondent is justified ? and 2)

Whether the relief prayed for in the reference can be granted or not ? It is

very necessary to go first through the two important issues which touching

the basic requirements, for deciding the jurisdiction of this Tribunal for the

instant reference. These are :––

1. Whether the Respondent’s office, for the purpose of the dispute

referred in this reference of the petitioner, is falling within the

definition of the “Industry” under Industrial Dispute Act, 1947 ?

2. Whether the instant reference petition is maintainable in view

of provisions of sub-section (2) of section 2A of the I. D. Act ?

These are the main legal issues which need to be considered by this

Tribunal before adjudicating upon the factual issues referred to, in the instant

reference petition.

So far as the first legal issue is concerned, i. e. whether the

Respondent’s office, for the purpose of the dispute referred to, in this

reference of the petitioner, is falling within the definition of the “Industry”

under Industrial Dispute Act, 1947 ? In response, I am of this opinion that

the same depends upon the nature of the work done by the petitioner in the

Respondent’s office. If the work which was assigned to the petitioner i. e.

the job of “Porter” is falling within the activity of the Government relatable

to the sovereign function of the Government, then for the purpose of dispute

referred to, in the instant reference petition, the Respondents are not falling

within the definition of “Industry” in view of the Clause (6) of the

Clause (i) of the definition of “Industry” laid down in section 02 under the

Act otherwise, the Respondents are falling within the definition of “Industry”

in view of the definition of “Industry” under the Act. Now to ascertain

whether the nature of the job of “Porter” which the petitioner was assigned

No. 16-7]

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5

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by the Respondents, is an activity relatable to the Sovereign function of the

Government or not ? In response, since the said job of “Porter” i. e. the

Misc. Labour work e. g. gardening, watering plants and also to transport

the essential commodities from one place to another in the Respondent’s

premises at Badami Bagh, is not any activity relatable in any way directly

or indirectly to sovereign function of the Government but is purely a

distribution of goods for human consumption. The Porter’s job is totally

different to all activities related to sovereign functions of the Government

because for sovereign functions of the Government, all activities related to

it, are permanent basis but not on need and requirement basis and since the

Respondents in the present case in their aforesaid objections expressly and

clearly stated that the job of porter assigned to the petitioner is temporary

basis and also need and requirement basis so there is no activity relatable to

sovereign function of the Government on temporary and need basis. There

are two kinds of activities done in the Respondents premises, one those

activities which are directly related to protect the sovereignty of the

Government or State and so far as these activates are concerned, the

Respondents are not falling within the definition of “Industry” under the

Act but so far as activities other than these related to protection of the

sovereignty of the Government, like Porter job i. e. like petitioner’s job, the

same is not directly or indirectly the activity related to protecting the

sovereignty of the State. So on these bases, for the purpose of the dispute

referred to, in the instant reference, I am of this opinion that the Respondents

are falling within the definition of “Industry” under the Act.

Now so far as the second issue is concerned i. e. whether the instant

reference petition is maintainable in view of provisions of sub-section (2) of

section 2A of the I. D. Act in view of I. D. Amendment Act, 2010 ? In

response, I am of this opinion that since after verbal disbanding of the

petitioner from his services, by the Respondent, the petitioner went pillar to

post for redressal of his grievances against his verbal termination from his

services. Initially the petitioner sent a legal notice to Respondents, thereafter

approached the Ld. Assistant Labour Commissioner, Srinagar who initially

6

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[No. 16-7

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returned back the said petition by stating that the Respondent is not falling

within the definition of “Industry” and also want of appropriate Government

and subsequently the petitioner approached the Ld. Regional Commissioner

(Central), Jammu, in response to that, the Ld. Regional Labour

Commissioner (Central), Jammu vide his letter No. 28 (Misc)/2013/RLC/

Jammu dated 09-10-2013, returned the application back, to the petitioner,

with a suggestion to the petitioner, to approach the Ld. Assistant Labour

Commissioner, Srinagar for redressal of his grievances and accordingly the

petitioner reapproached the said Ld. Assistant Labour Commissioner,

Srinagar with a fresh application for redressal of his said grievances along

with reply to the above said two quarries which earlier was raised by Ld.

Assistant Labour Commissioner, Srinagar but at this time, after his

satisfaction over reply to said two quarries, the Ld. Assistant Labour

Commissioner, Srinagar initiated the proceedings by issuing a notice to the

Respondents who later appeared and submitted their written objections to

the said application and later chosen not to appear and subsequently when

the Ld. Assistant Labour Commissioner, Srinagar failed to submit the failure

report within the period of 45 days despite lapse of more than two/three

months, the petitioner in view of above referred provision incorporated in

the said Act by the Govt. of India in 2010 which is in force w. e. f. 15th day

of September, 2010 by virtue of notification issued by Ministry of Labour

and Employment, Notification No. S. O. 227(E) dated September 15, 2010

published in the Gazette of India, Extra. dated 15th September, 2010, P. I.

No. 1928, the petitioner without wasting any further time presented the

instant reference petition before this Tribunal. Under the said amended

Act, 2010, this Tribunal has powers to entertain and receive a reference

petition directly from the workman after expiry of 45 days, from the date of

receipt of application by the Conciliation Officer of the appropriate Government.

Now since after the expiry of 45 days, a right accrued to the petitioner

under the aforesaid amendment of 2010 to approach directly to this Tribunal

with a reference petition but question here arises that whether the Ld.

Assistant Labour Commissioner, Srinagar who acted as Conciliation Officer in the instant

No. 16-7]

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8

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[No. 16-7

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reference prior to the presentation of the instant reference before this

Tribunal, has jurisdiction to act as Conciliation Officer in the instant matter

the same depends upon whether the appropriate Govt. for the Respondent

Industry is State Government or Central Government. In response, I am of

this opinion that it is immaterial to this Tribunal whether the appropriate

Govt. for the present reference is State Govt. or Central Govt. because

under the Act, this Tribunal has jurisdiction for both State Govt. as well as

Central Government. But for the maintainability of the present reference

which has been presented before this Tribunal directly by the petitioner

without reference by the appropriate Government because of the aforesaid

amendment of 2010 but the material point is that the instant reference

moved under amendment of 2010, is only maintainable when this reference

petition is moved after the expiry of 45 days from the date of receipt of the

application by the Conciliation Officer of the appropriate Government, the

same fact is proved from the record that the instant reference petition has

been moved before this Tribunal after the expiry of 45 days from the date

of receipt of the application from the petitioner, by the Ld. Assistant Labour

Commissioner, Srinagar and subsequently by Regional Labour Commissioner

(Central), Jammu and then again by the Ld. Assistant Labour Commissioner,

Srinagar but the question here arises whether the Assistant Labour

Commissioner, Srinagar has powers to intervene in the dispute referred to,

in the instant reference petition, the answer is certainly ‘yes’ because had

he not having such powers for the purpose of the dispute with reference to

the instant petition, then he would not have entertained the said application

nor he would have acted upon nor he would have issued a notice to the

Respondents. And nor the Ld. Regional Labour Commissioner (Central),

Jammu would have suggested the petitioner to approach the Ld. Assistant

Labour Commissioner. Besides that undisputedly the Ld. Assistant Labour

Commissioner and Dy. Labour Commissioner, Kashmir is the referral

authority and also Conciliation Officers in view of THE INDUSTRIAL

DISPUTES (JAMMU AND KASHMIR STATE) RULES, 1972 read with

S. R. O. 405 OF 1986 dated 18/07/1986 Labour, Stationary and Printing

Department while as the Chief Labour Commissioner (Central) and the

No. 16-7]

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9

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Assistant Labour Commissioner (Central) are the only referral authorities

but not Conciliation Officers for dispute related to industry for which the

appropriate Government is Central Government. in view of sub-clause (f)

of section 02 of the “INDUSTRIAL DISPUTES (CENTRAL)

RULES, 1957”. In said Rules framed by Central Government, there is no

talk of appointment of Conciliation Officers but is only talk of Referral

Authorities. Conciliation Officers and the Referral Authorities were earlier

one and a same thing under the Central Industrial Dispute Rules, 1957 but

prior to the amendment of 2010 however after the amendment of 2010 of

the Act, the said two terms have now become two different terms because

prior to said amendment of 2010, the reference petition can’t be filed directly

before this Tribunal without the reference by the Referral Central

Government but after submitting the failure report to the appropriate

Government by the Referral Authorities of the Central Government, under

aforesaid rules, the Referral Authorities of the Central Govt. were submitting

failure reports to the Central Government and thereafter the appropriate

Government was later were making reference of the Industrial Dispute,

for adjudication, to this Tribunal that is why the said Referral Authorities

were earlier acting as in dual capacity i. e. as Conciliation Officers as well

as Referral Authorities under the Act but after the amendment of 2010, the

said rules framed by Central Government has become partly redundant

because after such amendment the making of reference of the Industrial

Dispute by above said Referral Authorities are not now sine quo non (Pre

requisite formality) for referring the Industrial Dispute to the Central Govt.

who later would have referred the same to this Tribunal. None of the officer

has been appointed as Conciliation Officer by the Central Government for

the purpose of the amendment of 2010 of the Act especially for the purpose

of amendment of sub-section (2) of section 2A of the I. D. Act. No doubt

that the above said officers of the Labour Department of Central Government

are Referral Authorities under the aforesaid rules but not Conciliation Officers

for the purpose of amendment of sub-section (2) of section 2A of the Act incorporated

by amendment of 2010 by Govt. of India. But despite of that the petitioner

has approached the Ld. Assistant Labour Commissioner, Srinagar at the

10

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[No. 16-7

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first instance and then to the Regional Labour Commissioner (Central),

Jammu and then again to Ld. Assistant Labour Commissioner, Srinagar

and after which to this Tribunal, after the expiry of more than 02/03 months

from the date of receipt of the application by the Ld. Assistant Labour

Commissioner as such the conditions laid down in the sub-section (2) of

section 2A of the I. D. Act has been strictly complied with as such this

Tribunal has jurisdiction under sub-section (2) of section 2A of the I. D.

Act, to adjudicate upon the instant reference petition.

Now coming to the factual and substantial issues of the matter these

are as under :––

(1) Whether the termination of the petitioner from his services by

the Respondent, is justified ?

(2) Whether the relief prayed for in the reference can be granted

or not ?

So far as the Issue No. 01 is concerned, I am of this opinion that

since the petitioner being permanent resident of the State of Jammu and

Kashmir, came to be engaged by the Respondent No. 03 as Porter on

contractual/ daily wage basis from the year 2005 w. e. f. 02/07/2005 by

virtue of order dated 01/07/2005 issued by Respondent No. 03 and after his

engagement, was smoothly working as porter without any service break

and also wages were paid to the petitioner each and every month and the

last paid wages were Rs. 4600/- per month which was earlier paid by cash

and later from the year 2011 the same was credited in the Saving Bank

Account of the petitioner running in State Bank of India, B/O Chinar

Shopping Complex, Badami Bagh Cantonment, Srinagar, Kashmir and later

from the year 2012 the said wages were credited in the account running in

Post Office Branch lying in the premises of Respondent No. 04, Srinagar, Kashmir

but later all of sudden, the petitioner has been disbanded verbally w. e. f. January,

2013 without assigning any reason and also without any prior notice, after which

No. 16-7]

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11

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a legal notice was served upon the Respondents, to which, the Respondents

have also replied the same, the copy of which is on record, where through

admitted that the petitioner was engaged as Porter but have mentioned that

the petitioner was engaged since April, 2010 and has been disengaged

w. e. f. December, 2012 but have remained silent about the passing of any

order of termination in writing. However since the petitioner’s stand is that

he has been engaged since 02/07/2005 and since then was continuously

working there as Porter and in support of this, the petitioner has produced

four witnesses, in addition to his own statement, all of them corroborated

the stand of the petitioner. Now the question whether the petitioner was

engaged since 02/07/2005 or from April, 2010 but it is admitted fact the

petitioner has been disbanded w. e. f. December, 2012. Taking April, 2010

as date of engagement instead of 02/07/2005 as date of engagement, as

such on the basis of such admission on the part of the Respondents,

it shows that the petitioner has worked with the Respondents since

April, 2010 to December, 2012 i. e. for more than 240 days for a calendar

year as such under law a petitioner is a protected workman and a statutory

right has accrued to him under section 25B and 25F of the Act by virtue of

which the petitioner cannot be disengaged from his services, by the

Respondents, without following the due procedure laid down under section

25B and 25F of the Act and any dereliction from such set procedure makes

the termination order illegal, and bad in the eyes of law as such being that

legal position, the termination of the petitioner from his services, by the

Respondent is illegal, invalid, unwarranted and uncalled for and against the

principle of natural justice. In view of the above facts and circumstances,

the petitioner has rendered services for more than 240 days in calendar

year as required as such is protected workman in terms of Act as such

since statutory obligation casts upon the Respondent to assign reasons for

termination and to give prior notice to the petitioner before terminating his

services, which has not been done in the present case but in turn the

Respondent has terminated the services of the petitioner in gross violation

of the provisions of section 25B and 25F of the Act. In support of this,

12

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[No. 16-7

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the petitioner relied upon case law, Titled Ramesh Kumar V/s. State of

Haryana at Para No.13 (AIR 2010 SC 683) in which the Hon’ble Apex

Court held as under :––

“It is to be noted that in the case of termination of casual employee

what is required to, be seen is whether a workman has completed

240 days in the proceeding twelve months or not. If sufficient

materials are shown that workman has completed 240 days then

his service cannot be terminated without giving notice or

compensation in lieu of it in terms of section 25F. The High court

failed to appreciate that in the present case appellant has completed

240 days in the preceding 12 months and no notice or compensation

in lieu of it was given to him, in such circumstances, his termination

was illegal”.

Since there is nothing sustainable accepting the averment that the

petitioner had left the service at his own as such from the above referred

provision and also the above referred Judgment of the Hon’ble Apex Court,

I reached on this conclusion that the termination of the petitioner from his

services, by the Respondents, is illegal, invalid, unwarranted and uncalled

for and against the principle of natural justice. Therefore, the termination

of the petitioner by Respondents, is hereby set aside and Respondents are

directed to reinstate the petitioner forthwith.

Now coming to the Issue No. 02, the Issue No. 02 was dependent

upon the Issue No. 01 and since for the aforesaid reasons the termination

of the petitioner from his services, by the Respondents, has been declared

as illegal, invalid, unwarranted and uncalled for and against the principle of

natural justice, and has been ordered to be reinstated forthwith and since

the petitioner is fighting for his re-instatement from last 04 years before

different forums and this Tribunal and since the petitioner has stated that he

is not employed anywhere during this period and in support of this, the

petitioner has furnished an affidavit to that extent, to this Tribunal and more

so since the petitioner has suffered a lot during this long period of 04 years

No. 16-7]

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13

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during which the petitioner not only suffered financially but also mental

agony as such under these peculiar circumstances, the petitioner is entitled

for all full back wages since his termination which the petitioner is entitled

under law, relying upon the Judgment of Hon’ble Apex Court Titled Hindustan

Tin Works V/s. Its Employees (AIR 1979 S. C. 75) in which the Hon’ble

Apex Court in para No. 09, 10 and 11 held as under :––

“It is no more open to debate that in the field of Industrial

Jurisprudence a declaration can be given that the termination of

service is bad and the workman continues to be in service. The

spectre of Common Law doctrine that contract of personal service

cannot be specifically enforced or the doctrine of mitigation of

damages does not haunt this branch of law. The relief of

reinstatement with certainty of service can be granted where

termination of service is found to be invalid. It would mean that

the employer has taken away illegally the right to work of the

workman contrary to the relevant law or in breach of contract

and simultaneously deprived the workman of his earnings. If thus

the employer is found to be in the wrong as a result of which the

workman is directed to be reinstated, the employer could not shirk

his responsibility of paying the wages which the workman has

been deprived of by the illegal or invalid action of the employer.

Speaking realistically, where termination of service is questioned

as invalid or illegal and the workman has to go through the gamut

of litigation, his capacity to sustain himself throughout the protracted

litigation is itself such an awesome factor that he may not survive

to see the day when law’s proverbial delay has become stupefying.

If after such a protracted time and energy consuming litigation

during which period, the workman sustains himself, ultimately he

is to be told that though he will be reinstated, he will be denied to

back wages which would be due to him, the workman would be

subjected to a sort of penalty for no fault of his and it is wholly

undeserved. Ordinarily, therefore, a workman whose service has

14

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[No. 16-7

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been illegally terminated would be entitled to be full back wages

except to the extent he was gainfully employed during the enforced

idleness. That is the normal rule. Any other view would be a

premium on the unwarranted letigative activity of the employer. If

the employer terminates the service, the service illegally and the

termination is motivated as in this case ; viz. to resist the workman’s

demand for revision of wages, termination may well amount to

unfair labour practice. In such circumstances reinstatement being

the normal rule it should be followed with full back wages.

Articles 41 and 43 of the Constitution would assist us in reaching

a just conclusion in this respect.......................... In this very nature

of things there cannot be a strait-jacket formula for awarding relief

of back wages. All relevant considerations will enter the verdict.

More or less, it would be a motion addressed to the discretion of

the Tribunal. Full back wages would be the normal rule and the

party objecting to it must establish the circumstances necessitating

departure. At that stage, the Tribunal will exercise its discretion

keeping in view all the relevant circumstances.”

For the foregoing reasons, the issue No. 02 is also decided in favor of

the petitioner and against the Respondents as such the petitioner is entitled

to all full back wages including the period from his termination till the

petitioner resumes his services with all benefits.

Accordingly the Respondents are directed to re-instate the petitioner

forthwith and with a further direction to Respondents to pay the aforesaid

full back wages in favor of the petitioner within a period of three months

failing which thereafter the Respondents have to pay the said full back

wages to the petitioner along with interest @ 08% till final realization.

The reference petition filed by the petitioner, in view of amendment

of sub-section (2) of section 2A of the Industrial Dispute Act, 1947

incorporated by amendment of 2010, is answered accordingly. Copy of this

No. 16-7]

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15

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award be sent to the Appropriate Government through its Commissioner/

Secretary, Labour Department for information and publication in the

Government Gazette.

File after its due compilation be consigned to records.

Announced :

Dated : 15-06-2016.

(Sd.) KOSSAR AHMAD QURESHI,

District and Sessions Judge,

Presiding Officer,

Industrial Tribunal/Labour Court,

J&K, Srinagar.

GOVERNMENT OF JAMMU AND KASHMIR,

INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,

J&K, SRINAGAR.

––––––

Before : Kossar Ahmad Qureshi (District and Sessions Judge)

File No. 779/ITLC/2004.

Date of Institution : 01-07-2004.

Date of Decision : 20-04-2016.

––––––

Shamim Ahmad Mir S/o Gh. Mohi-ud-Din C/o Mir Scientific Agency,

Gowkadal Band (Lock Gate), Maisuma Bazar, Srinagar, Kashmir.

Petitioner (Applicant)

Versus

Management of Acharya Shri Chander College of Medical Sciences

and Hospital, N. H., Bye-Pass, Bahu Fort, Sidhra, Jammu.

Respondent ( Non-applicant)

–––––––

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Vol. 129]

Srinagar, Mon., the 25th July, 2016/3rd Srav., 1938.

[No. 16-10

––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART II––B

Notifications, Notices and Orders by Heads of Departments.

———–

EXTRAORDINARY

REGD. NO. JK—33

In the Matter of :––

Reference under section 10 of Industrial Dispute

Act, 1947.

Appearance :––Petitioner present in person.

Nemo for the Respondent

–––––––

AWARD

This case referred to this Court/Tribunal by the Government of

Jammu and Kashmir under section 10 (1) C of the I. D. Act, 1947

vide SRO No. 183 dated 21-06-2004 for adjudication on the following points

:––

1.

Legality or other wise of the action of the management of

Acharya Shri Chander College of Medical Sciences and

Hospital, Bahu Fort, Sidhra, Jammu in terminating the service

of its workman, namely Shri Shamim Ahmad Mir ; and

2.

Award/appropriate relief to the said workman in case the

illegality of the action of the management is established.

This Court after receipt of the reference, summoned the parties. The

petitioner appeared in person where as the respondent appeared through

counsel which was objected by the petitioner. Since the respondent Medical

College is Jammu based, the case was initially heard at Jammu. Then the

applicant (petitioner) filed an application with the prayer that his case be

heard at Srinagar being a resident of the Valley. The respondent filed

objections but the matter was decided in favour of the applicant being the

genuine prayer made by the applicant.

However, the respondent’s assailed the order of this Court before the

Hon’ble High Court in a writ petition but was dismissed and the order of

this Court was upheld and confirmed. The case was then heard at

Srinagar.

2

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[No. 16-10

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The petitioner filed his claim petition before this Court

on 18-08-2004 and has submitted that he was employed by the respondent

in his Hospital as X-Ray Assistant on a consolidated salary of Rs. 2000/-

per month in the year 1998 and continued till 21-06-2002 but suddenly he

was terminated from the services vide Order No. ASCOMS/ADM/DA/

622 dated 21-06-2002. He has further stated that his services were terminated

by the respondent without following the provisions of law as such the order

of termination is illegal. He has also stated that at the time of his appointment

he was assured by the respondent that after 2 to 3 months he will be placed

in graded salary but inspite of repeated requests he was not placed in the

grade salary and was not even given the risk and radiation allowance though

the same allowances were being given by other Medical Colleges/Hospitals

to its employees performing the same nature of job. Therefore the applicant

has prayed that his services be reinstated along with the payment of all

back wages.

The respondent opposed the claim petition by filing their objections

and have stated that the petitioner was appointed on probation by the

respondent on 17-07-1998 and continued to be so till his termination ; they

have stated that the petitioner was guilty of gross misconduct and his work

and conduct always remained unsatisfactory. He was afforded opportunities

to improve his work to the entire satisfaction of the respondent but he failed

to do so with the result there was no alternative but to disband him from the

service. As the respondent institution is a private college and wholly and

solely depend on the good performance of its employees. Therefore the

respondent prayed for dismissal of the claim of the petitioner with costs.

After filing the objections, the respondent remained absent from the

proceedings and did not participate in the proceedings with the result the

respondent were set on ex parte and the petitioner was directed to produce

the evidence. The petitioner, has produced only one witness namely Surjeet

Singh besides himself as his own witness.

No. 16-10]

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The Petitioner’s witness Surjeet Singh in his evidence has stated that

he knows the applicant as he too was working with the applicant in the

respondent’s college and stated that the petitioner had worked in the

respondent’s college for about four years continuously and he was a trained

X-Ray Technician and was working to the entire satisfaction of patients.

The petitioner had demanded graded salary from the respondent repeatedly

but was refused. The respondent college instead to accede the request of

the applicant leveled false allegation against him terminated him from the

service without giving him any notice or compensation in lieu of the notice.

The petitioner too has proved his claim. The main issue raised to by

the respondent’s in their objections was regarding maintainability of the

petitioner.

The applicant has initially assailed his termination before the Ld.

Assistant Labour Commissioner, for holding the conciliation proceedings

who has been conferred the powers by the Government of J&K, by virtue

of SRO-405 of 1986 dated 18-07-1986, by the Labour, Stationery and Printing

Department and later when such conciliation failed, the Ld. Conciliation

Officer (ALC) submitted the confidential failure report to the State

Government and accordingly the State Government referred the same to

this Court by virtue of SRO No.183 dated 21-06-2004, for adjudication. As

such the due procedure has been adopted before making of its reference,

to this Tribunal.

So far as the Issue No. 01 is concerned, the same is a mixed question

of fact and law. The record file reveals that undisputedly the petitioner was

engaged as X-Ray Technician on 17-07-1998 on the monthly wages of

Rs. 2000/- and on 21-06-2002 without assigning any reasons and without

any prior notice, terminated the services of the petitioner. The admitted

position is that the petitioner has continuously worked with the respondent

from 17-07-1998 to 21-06-2002 meaning thereby that he had continuously

worked for more than (3) three years as such, the petitioner is a protected

workman in terms of section 25B and 25F of the Industrial Dispute Act.

4

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[No. 16-10

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A statutory obligation is casted upon the respondent under the said provisions

by virtue of which the petitioner cannot be disengaged from his services,

without following the due procedure laid down under section 25B and 25F

of the Act and any violation from such set procedure makes the termination

order illegal, and bad in the eyes of law. Being the legal position, as such

the termination of the petitioner from his services, without following the

law as stated above is illegal, invalid, unwarranted and uncalled for and

against the principle of natural justice as the petitioner has rendered services

more than the required days of 240 days in calendar year. The respondent

were duty bound to assign reasons for termination and to give then notice

to the petitioner before terminating his services, which has not been done in

the present case. No inquiry, no show cause or any opportunity of being

heard was ever afforded to the applicant. Therefore in absence of these

rules the termination of the petitioner is in gross violation of the provisions

of section 25B and 25F of the I. D. Act . More so there is nothing on record

suggesting that the petitioner had left the service at his own. Therefore the

termination of the petitioner from his services, by the respondent is declared

as illegal, invalid, unwarranted and uncalled for and against the principle of

natural justice. The Issue No. 1 in the reference is accordingly decided in

favour of the applicant and against the respondent.

Now coming to the Issue No. 02, The Issue No. 02 was dependent

upon the Issue No. 01 and since for the aforesaid reasons the termination

of the petitioner from his services, by the respondents, has been declared

as illegal, invalid, unwarranted and uncalled for and against the principle of

natural justice, and has been ordered to be reinstated forthwith and since

the petitioner is fighting for his reinstatement from last 12 years before

different forums and this Tribunal and since the petitioner has stated that he

is not employed anywhere during this period and more so since the petitioner

has suffered a lot during this long period of 12 years during which the

petitioner not only suffered financially but also mental agony as such under

these peculiar circumstances, the petitioner is entitled for all full back wages

since his termination which the petitioner is entitled under law, relying upon

No. 16-10]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

5

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[No. 16-10

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the Judgment of Hon’ble Apex Court Titled Hindustan Tin Works V/s. Its

Employees (AIR 1979 S. C. 75) in which the Hon’ble Apex Court in

para No. 09, 10 and 11 held as under :––

“It is no more open to debate that in the field of Industrial

Jurisprudence a declaration can be given that the termination of

service is bad and the workman continues to be in service. The

spectre of Common Law doctrine that contract of personal service

cannot be specifically enforced or the doctrine of mitigation of

damages does not haunt this branch of law. The relief of

reinstatement with certainty of service can be granted where

termination of service is found to be invalid. It would mean that

the employer has taken away illegally the right to work of the

workman contrary to the relevant law or in breach of contract

and simultaneously deprived the workman of his earnings. If thus

the employer is found to be in the wrong as a result of which the

workman is directed to be reinstated, the employer could not shirk

his responsibility of paying the wages which the workman has

been deprived of by the illegal or invalid action of the employer.

Speaking realistically, where termination of service is questioned

as invalid or illegal and the workman has to go through the gamut

of litigation, his capacity to sustain himself throughout the protracted

litigation is itself such an awesome factor that he may not survive

to see the day when law’s proverbial delay has become stupefying.

If after such a protracted time and energy consuming litigation

during which period, the workman sustains himself, ultimately he

is to be told that though he will be reinstated, he will be denied to

back wages which would be due to him, the workman would be

subjected to a sort of penalty for no fault of his and it is wholly

undeserved. Ordinarily, therefore, a workman whose service has

been illegally terminated would be entitled to be full back wages

No. 16-10]

The J&K Govt. Gazette, 25th July, 2016/3rd Srav., 1938.

7

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except to the extent he was gainfully employed during the enforced

idleness. That is the normal rule. Any other view would be a

premium on the unwarranted letigative activity of the employer. If

the employer terminates the service, the service illegally and the

termination is motivated as in this case ; viz. to resist the workman’s

demand for revision of wages, termination may well amount to

unfair labour practice. In such circumstances reinstatement being

the normal rule it should be followed with full back wages. Articles

41 and 43 of the Constitution would assist us in reaching a just

conclusion in this respect......................... In this very nature of

things there cannot be a strait jacket formula for awarding relief

of back wages. All relevant considerations will enter the verdict.

More or less, it would be a motion addressed to the discretion of

the Tribunal. Full back wages would be the normal rule and the

party objecting to it must establish the circumstances necessitating

departure. At that stage, the Tribunal will exercise its discretion

keeping in view all the relevant circumstances”.

For the foregoing reasons, the Issue No. 02 is also decided in favour

of the petitioner and against the respondents as such the petitioner is entitled

to all full back wages including the period from his termination till the

petitioner resumes his services with all benefits.

Accordingly, the respondents are directed to reinstate the petitioner

forthwith and with a further direction to respondents to pay the aforesaid

full back wages in favour of the petitioner within a period of three months

failing which thereafter the respondents have to pay the said full back

wages to the petitioner along with interest @ 08% till final realization.

Reference is answered accordingly and an award is accordingly passed

in favour of the petitioner and against the respondent. Copy of award be

sent to the appropriate Government through its Commissioner/Secretary,

8

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[No. 16-10

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Labour Department for information and its publication in Government

Gazette.

The file, after due completion, be consigned to records.

Announced :

Dated : 20-04-2016.

(Sd.) KOSSAR AHMAD QURESHI,

Presiding Officer,

District and Sessions Judge,

Industrial Tribunal/Labour Court,

J&K, Srinagar.

HIGH COURT OF JAMMU AND KASHMIR

(Office of the Registrar General at Srinagar)

Notification

No. 578 dated 30-08-2016

In exercise of the powers conferred by section 108 of the Constitution

of Jammu and Kashmir, the Chief Justice of the High Court of Jammu and

Kashmir is pleased to frame the following Scheme/Guidelines for the

appointment of Research Assistant to the Chief Justice/Judges in the High

Court of Jammu and Kashmir :––

1. Short Title.––The Scheme/Guidelines provided hereinafter shall

be known as “Scheme/Guidelines for the Appointment of Research Assistant

to the Chief Justice/Judges in the High Court of Jammu and Kashmir”. It

shall come into force from the date of publication in the Government Gazette.

EXTRAORDINARY

REGD. NO. JK—33

THE

JAMMU & KASHMIR GOVERNMENT GAZETTE

Vol. 129] Srinagar, Tue., the 30th Aug., 2016/8th Bhad., 1938.[No. 21-1

Separate paging is given to this part in order that it may be filed as a

separate compilation.

––––––––––––––––––––––––––––––––––––––––––––––––––––––

PART III

Laws, Regulations and Rules passed thereunder.

———–

2. Definitions.––Unless there is anything repugnant in the subject

of context,––

(i) “Chief Justice” means the Chief Justice of the High Court of

Jammu and Kashmir ;

(ii) “Judge” means Judge of the High Court of Jammu and

Kashmir ;

(iii) “University” means the University established by law in the

Indian Union ;

(iv) “Website” means the Official Website of the High Court of

Jammu and Kashmir, (www.jkhighcourt.nic.in).

3. Appointing Authority.––The appointing authority for the

assignment as Research Assistant to the Chief Justice/Judges shall be the

Chief Justice.

4. Age.––A Candidate must not have attained the age of 30 years as

on 1st January/1st July, preceding the last date fixed for submission of

applicatians.

5. Eligibility.––(i) The candidate must be a permanent resident of

the State of Jammu and Kashmir.

(ii) The candidate must be a Law Graduate (as on the date of

appearing at interview) having a Bachelor’s Degree in Law (including

integrated Degree Course in Law) from any School/College/University/

Institute established by Law in India and recognized by the Bar Council of

India for enrolment as an Advocate, possessing a minimum of 55% marks

in aggregate at Law Graduation (including integrated Degree Course in

Law) and should not have completed one year after enrolment as an

Advocate.

(iii) Candidates studying in the final year/last semester of their Law

Course will also be eligible to apply subject to furnishing proof of acquiring

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[No. 21-1

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the Law Degree qualification with minimum 55% marks in aggregate at

the time of interview.

(iv) The candidate must have knowledge of Computer, including

retrieval of desired information from various search engines/processes such

as Manupatra, SCC Online, LexisNexis, Westlaw etc.

6. Period of Assignment and De-assignment of Research

Assistant.––(i) Research Assistant will be a contractual appointee and

his/her engagement shall be initially for a period of one year from the date

of taking up his/her assignment, which can be extended for a further period

of not exceeding one year, subject to the approval of the Chief Justice or

the Committee nominated by the Chief Justice.

(ii) However, the assignment of any Research Assistant may be

discontinued even before the completion of one year, if his/her services are

found to be unsatisfactory.

(iii) The candidate should join his/her assignment of Research

Assistant within the period specified in his/her order of appointment. No

request for extension of time for joining the assignment of Research Assistant

will be entertained.

(iv) Research Assistant shall not be treated or deemed to be a regular

employee in the Services of the High Court of Jammu and Kashmir.

(v) Any Research Assistant intending to leave the assignment as

Research Assistant within a period of one year or extended period shall be

required to give prior notice of one month with prior intimation to the Judge

to whom attached.

7. Selection Process.––(i)

Selection process for engaging

Research Assistant shall be initiated by inviting applications online from

eligible candidates by way of publishing an advertisement notifying

requirements.

(ii) Ordinarily in the month of August every year, the Registry,

depending on vacancy position, will invite applications which are required

No. 21-1]

The J&K Govt. Gazette, 30th Aug., 2016/8th Bhad., 1938.

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4

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[No. 21-1

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to be submitted online with scanned signature and photograph. Applicants

studying in fifth year of the five year Integrated Law Course will have to

submit attested copies of their grade sheet/marks card/transcripts until the

end of the fourth year.

(iii) Application fee of Rs. 200/- and bank charges, as applicable,

shall be charged on each online application and payment shall be made

online.

(iv) Applications received along with fee on or before the last date

for receipt of applications and found to be in order in all respects be

considered and only such applications will be processed further.

(v) The selection process shall consist of two stages : first a Written

Examination to be conducted simultaneously at Jammu and Srinagar at

such test centres as may be notified from time to time. The question paper

for the Written Examination, consisting of 150 questions with multiple

choice answers, shall comprise of two Sections with the following

components :––

Section-1 :

Questions relating to General English

–

50 marks

and General Aptitude/Awareness

Section-2 :

Questions relating to Constitution of India,

–

100 Marks

Constitution of J&K, Ranbir Penal Code,

Criminal Procedure Code,

Civil Procedure Code and Evidence Act etc.

Each question shall carry one mark. The minimum qualifying marks

for the said Written Test shall be 60% in aggregate with minimum 50%

marks in each of the above two Sections. The duration of the Written

Examination shall be three hours.

No. 21-1]

The J&K Govt. Gazette, 30th Aug., 2016/8th Bhad., 1938.

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After drawing the list, the candidates will be short listed for interview

in the ratio of 1:3 depending upon the number of vacancies to be filled up :

Provided that if the number of applications received is equivalent to

or less than the above ratio, holding of the Written Examination shall be

dispensed with.

Personal Interview.––A Committee of two Judges constituted by

the Chief Justice will interview the eligible candidates. The interview will

carry 30 marks with 15 marks being minimum qualifying marks. In addition

to being a General Interview, the candidates will also be asked questions

relating to Law.

The candidate must have absolute integrity, honesty and good moral

character, for which he/she will submit certificate of two responsible persons

at the time of interview.

On the basis of the aggregate marks secured by the candidates in the

Written Test (if conducted) and interview, a merit list shall be drawn where

from the Committee of Judges will recommended the candidates, in order

of merit, to be kept on the panel of Research Assistants for assignment.

The merit list drawn will have one year validity from the date of its

publication.

The waiting list to be drawn shall also have one year validity.

After receipt of the recommendations of the Committee, the Chief

Justice will approve formation of a panel as per requirement for the

assignment session and order for attachment of one Research Assistant to

each of the Judges including the Chief Justice himself, according to

seniority. The formal order in this regard shall, however, be issued by the

Registry.

8. Undertaking.––Before taking over assignment, Research Assistant

shall submit an undertaking, in the format as prescribed in Schedule-I, from

time to time before the Registrar General.

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[No. 21-1

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9. Duties and Responsibilities assigned to Research Assistant.–

–The duties and responsibilities of Research Assistant shall be to assist the

Judge with whom he/she is attached, in the discharge of his/her functions,

particularly in the research work and maintenance of records, and shall

include such other official duties as may be assigned by the Judge.

10. Record of Attendance of Research Assistant.––(i) The

Research Assistant should mark his/her attendance in the Attendance

Register kept in the Room of the Assistant Registrar (Admn.) in the

respective Wing of the High Court of Jammu and Kashmir, before he/she

proceeds to the Chamber of the respective Judge, to whom he/she is attached.

(ii) If, any of the Research Assistants is directed to attend the work

at the Official Residence of the Judge or elsewhere, the Secretary or in his

absence, the Private Secretary to the Judge, shall endorse the request of

the Research Assistant and forward the same to the Assistant Registrar

(Admn.) in the respective Wing of the High Court of Jammu and Kashmir

for marking the same in the Attendance Register.

11. Leave Entitlement.––(i) Research Assistant shall be entitled to

one day Casual Leave on completion of one Calendar Month. The unavailed

Casual Leave in a particular month may be carried forward, subject to

maximum eligibility of 12 days in a Calendar Year.

(ii) However, he/she will be permitted to proceed on Casual Leave

with prior intimation to the Judge to whom he/she is attached.

(iii) In extreme difficult situations, the Chief Justice may relax the

limit of Casual Leave as he may deem fit in the peculiar circumstances of

a given case subject to proportionate deduction in the monthly honorarium

of the concerned.

12. Honorarium.––(i) Each Research Assistant shall be paid a

consolidated amount of Rs.15,000/- (Rupees fifteen thousand only) per

month as Honorarium for his/her assignment.

No. 21-1]

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7

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(ii) Research Assistant shall not be entitled to any other allowances

or perks.

13. Bar to Practice as Advocate or Taking up Employment.––(i)

No Research Assistant during the currency of his/her assignment shall be

entitled to practice as an Advocate in any Court of Law or Tribunal or

Authority and it will be obligatory for him/her after accepting the assignment

as Research Assistant to inform the Bar Council concerned, in writing, that

he/she shall not practice as an Advocate as long as he/she continues with

the assignment as Research Assistant.

(ii) The Research Assistant during the currency of his/her assignment

shall not be entitled to take up any employment, engagement of whatsoever

nature either on full time or part time basis.

(iii) The Research Assistant shall refrain from practicing before the

Judge/Judges with whom he/she was attached for a period of two years

after relinquishment of his/her assignment as Research Assistant.

14. Conduct of Research Assistant.––(i) Every Research Assistant

shall maintain a high standard of reputation and integrity commensurate

with the responsibilities entrusted to him/her at all times.

(ii) Similarly, during the period of assignment and at all times, the

Research Assistant shall maintain complete confidentiality regarding the

work assigned to him/her by the Hon’ble Judge. He/she shall maintain

utmost confidentiality in respect of matters which come to his/her notice by

virtue of such assignment and shall ensure that no information or document

is leaked out because of his/her mishandling of papers or his/her deliberations

with others, or in any other manner.

15. Access available to Research Assistant.––A Research Assistant

would be permitted to have access to the Court Hall and Judges’ Library.

However, with prior permission from the Judge, he/she can have access to

the Computer and Internet in the Chamber of the Judge with whom he/she

is attached.

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The J&K Govt. Gazette, 30th Aug., 2016/8th Bhad., 1938.

[No. 21-1

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16. Dress Code for Research Assistant.––(i) For Male Research

Assistant–Black Full Pant, White Shirt (Full Sleeves) with Black Tie and

Black Shoes.

(ii) For Female Research Assistant – White Blouse with Light Colour

Saree (or) White Salwar Kameez with Black Duppatta.

(iii) Black Sweater and Black Coat, if and when needed.

17. Interpretation.––If, at any time, there arises any doubt regarding

the application or interpretation of this Scheme/Guidelines, the same shall

be decided by the Chief Justice, whose decision shall be final.

(Sd.) ASHOK KUMAR KOUL,

Registrar General.

–––––––

No. 21-1]

The J&K Govt. Gazette, 30th Aug., 2016/8th Bhad., 1938.

9

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Schedule–I

UNDERTAKING

I, .................................................................do hereby undertake

and accept the following terms and conditions of my assignment as Research

Assistant :––

(a) I have been engaged purely on contractual basis and no claim

as an employee of the Court shall be made by me.

(b) My period of assignment can be terminated without any notice.

I shall not give up my assignment as Research Assistant before

completion of my term of assignment. If I give up the

assignment with one month prior notice before completing my

term, I shall not be entitled to any experience certificate.

(c) I shall render duty at the Court/Chambers/Residential Office

of Hon’ble the Chief Justice/Hon’ble Judge of the High Court

of Jammu and Kashmir according to the convenience of His

Lordship and the duty hours shall be such as prescribed by the

concerned Hon’ble Judge. I shall be punctual in attending to

my duties.

(d) I shall be granted such leave of absence as may be approved

by the Hon’ble Judge to whom I am attached, subject to a

maximum of fraction of 12 days per year, vis-a-vis my period

of assignment.

(e) I shall not absent myself from duty without prior permission of

the Hon’ble Judge. In case of absence due to sudden illness

or some other unforeseen circumstances beyond control, I shall

give intimation thereof at the Residential Office of Hon’ble

Judge without delay. I understand that no stipend will be paid

for any unauthorized absence from duty as also for days

exceeding permissible leave.

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[No. 21-1

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(f) I shall maintain a high standard of reputation and integrity

commensurate with the responsibilities entrusted to me. I shall

maintain utmost secrecy in respect of matters which come to

my notice by virtue of the assignment and shall ensure that no

information, document or any other thing is leaked out because

of mishandling of papers or my deliberations with others, or in

any manner.

(g) At all times i. e. even after the completion of the assignment,

I shall maintain complete secrecy regarding the work assigned

to me by the Hon’ble Judge.

(h) I understand that I shall be governed by the provisions of the

Ranbir Penal Code and the Jammu and Kashmir State Official

Secrets Act, 1977 (1920 A. D.) as applicable to any public

servant.

(i) I shall not practice as an Advocate in any Court of Law during

the course of assignment as Research Assistant.

(j) I shall also refrain from practicing for a period of two years

before the Hon’ble Judge/Hon’ble Judges with whom I have

been attached after relinquishing of assignment as Research

Assistant.

In addition, I do hereby affirm that I have carefully read the

SCHEME/GUIDELINES FOR THE APPOINTMENT OF RESEARCH

ASSISTANTS TO THE CHIEF JUSTICE/JUDGES OF THE HIGH

COURT OF JAMMU AND KASHMIR, 2016 and have fully understood

the provisions contained therein. I understand and do undertake that I am

bound by the provisions contained in the abovesaid Scheme and that I will

abide by the provisions contained in it during the course of my assignment

as Research Assistant as also after end of the said assignment.

Signature___________________

Name______________________

–––––––

No. 21-1]

The J&K Govt. Gazette, 30th Aug., 2016/8th Bhad., 1938.

11

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Annexure–I

HIGH COURT OF JAMMU AND KASHMIR

APPLICATION FOR THE POST OF RESEARCH ASSISTANT TO

HON’BLE THE CHIEF JUSTICE/HON’BLE JUDGE

1. Name of the Candidate : (in block letters)

2. Father’s/Husband’s Name :

3. Date of Birth (DD/MM/YYYY) :

4. Community :

5. Basic Academic Qualifications :

[Educational qualifications under 10+2+3 pattern (Candidate should enclose

self attested copies of all his/her Educational Certificates including S. S. L.

C/MATRIC and H. S. C)]

S.

Particulars of

Name of the

Year of

%age of

No.

Qualification

Board/University/ Passing

Marks

Institution

1.

S. S. L. C./Matriculation

2.

H. S. C.

3.

B. A./B. Sc./B. Com. etc.

6. Law Qualifications :

S.

Particulars of

Name of the

Year of

%age of

No.

Qualification

University/

Passing

Marks

Institution

1.

2.

3.

4.

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[No. 21-1

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*Please refer to eligibility criteria in the Scheme/Guidelines for

appointment of Research Assistant to the Hon’ble Judge uploaded in the

website of the High Court of Jammu and Kashmir (www.jkhighcourt.nic.in).

7. Other Qualifications, if any :

S.

Particulars of

Name of the

Year of

%age of

No.

Qualification

University/

Passing

Marks

Institution

1.

2.

8. Enrolment Details, if any :

(Candidates should enclose attested copy of Enrolment Certificate)

Name of the Bar

Enrolment No.

Date of Enrolment

9. Details of practice, if any :

10. Address for communication :

11. Email id :

12. Contact Phone No. :

(Mobile/Landline with STD Code)

I undertake to submit that I have passed all the papers in Law Degree

Examinations in first attempt and in the event of my selection to the

assignment as Research Assistant to the Hon’ble Judge, I will not practice

as an Advocate before any Court of Law or Tribunal and will not take up

any employment either on full time or part time basis.

Certified that all the information furnished above by me is correct

and true to the best of my knowledge and belief.

Place :

Date :

Signature of Candidate.