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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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
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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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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
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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.
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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.
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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.
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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]
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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,
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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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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]
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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]
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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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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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(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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[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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(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]
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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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*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.