minutes of 62nd meeting of the empowered committee held on … of 62nd meeting of... ·...

Minutes of 62nd meeting of the Empowered Committee held on 22.10.2018 under the Convenorship of Principal Secretary, Finance Department.

Subject: Regularization of Adhoc/Contractual/Consolidated employees.

Reference Jammu & Kashmir Civil Services (Special Provisions) Ace 2010.

The Empowered Committee held its 62nd meeting on 22.10.2018 under the Convenorship of the Principal Secretary to Government, Finance Department. The following officers attended the meeting:

(i) Principal Secretary, Finance Department Convenor

(ii) Commissioner/Secretary, Culture Department Member

(iii) Director General Accounts & Treasuries Member

(iv) Director General (Codes), Finance Department Member-Secretary

(v) Spl. Secretary, School Education Department Representative

(vi) Spl. Secretary, PHE/I&FC Department Representative

(vii) Spl. Secretary, Labour & Employment Representative Department

(viii) Adl. Secretary, General Administration Representative Department

(ix) Adl. Secretary, Health & Medical Education Representative Department

(x) Adl. Secretary, Social Welfare Department Representative

(xi) Adl. Secretary, PW (R&B) Department Representative

(xii) Adl. Secretary, Forest Department Representative

(xiii) Adl. Secretary, Revenue Department Representative

(xiv) Adl. Secretary, Animal & Sheep Husbandry Representative Department

Out of Forty Seven (47) cases, the Empowered Committee found Thirty Five (35) cases eligible on the basis of documents, certificates furnished by the concerned Departments. Twelve (12) cases were found deficient on account of certain information/ clarification or documents from the concerned Departments. The Members/ Representatives of the concerned departments present in the meeting were advised to expedite the requisite deficient information / documents in these cases so that the Empowered Committee could decide these cases as well. Abstract details are given in Annexure "A" to these minutes.

The cases cleared by the Committee are, however, subject to verification of genuineness of certificates/appointment orders and other documents provided by the Department. The departments will further reverify that:

i) The appointments have originally been made against clear vacancy;

.. ) Appointments have been made by the Competent Authority or initial appointment made by II authority not competent to engage is got regularised.

iii) The status of appointment is only contractual, consolidated or ad hoc;

iv) The employee continues as such on the appointed date;

) The appointees possessed the requisite qualifications and eligibility for the post on the date v of initial appointment as prescribed under recruitment rules.

vi) No disciplinary or criminal proceedings are pending against them;

vii) The appointees have completed seven years of service on the appointed date;

... ) The appointees are not part time or seasonal including those whose wages are paid out of VIII . local funds or contingent grants.

The complete details of cases placed before the Empowered Committee and the decisions taken thereon are shown in Annexure "8" to these minutes.

No. A/lOS (10)- Lj0.6/14 Dated: s» -12-2018

(M. . And bi) Director General (Codes)

Member Secretary Empowered Committee

Copy tor- 1. Principal Secretary, Health & Medical Education Department for information,

2. Principal Secretary, Animal & Sheep Husbandry Department for information,

3. Principal Secretary, Finance Department for information,

4. Commissioner/Secretary, Forest Department, for information,

5. Commr/Secretary, Revenue Department, for information,

6. Commr/Secretary, PW (R&B) Department, for information,

7. Commr/Secretary, General Adminstration Department, for information,

8. Commr/Secretary, Labour & Employment Department for information,

9. Commr/Secretary, Culture Department for information,

10. Secretary, School Education Department, for information,

11. Secretary, PHE/I&FC Department, for information,

12. Secretary, Social Welfare Department, for information,

13. DG, Accounts & Treasuries, for information,

14. Nodal officer, FD, for uploading the minutes on Finance Department website.

( ( ANNEXURE "A"

(:' Department Fresh cases Review cases Eligible Deficient Total

PHE/I&FC Department X 4 4 X 4

Culture Department 1 X 1 X 1

Animal & Sheep Husbandry 1 X 1 X 1 Department

Revenue Department 2 X 2 X 2

PW (R&B) Department X 1 X 1 1

Forest Department 1 X 1 X 1

Social Welfare Department X 1 X 1 1

School Education 2 1 1 2 3 Department

Health & Medical Education 2 30 25 7 32 Department

Labour & Employment 1 X X 1 1 Department

Total 10 37 3S 11. 47

Annexure "B"

List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to PHE/I&FC Department as decided in the 62nd ECM held on 22.10.2018

CONT.

S.No 61ECM Name of Employee Design. Decision S.No.

Monika Sahni DIO Raj Eligible against the post of Jr. 1 4 Kumar RIO AlP Muthi Jr. Assistant Hiranagar, Kathua Assistant

Rajinder Kumar SIO Som Eligible against the post of Jr. 2 5 Dutt RIO Ramnagar, Jr. Assistant Udhampur Assistant

3 6 Arun Jasrotia Sio Romesh Jr. Assistant Eligible against the post of Jr. Singh Rio Janglote, Kathua Assistant

Verinder Paul Khajuria Eligible against the post of Jr. 4 7 SIO Jia Lal Khajuria RIO Jr. Assistant Nagrota, Kathua Assistant

\~·lfd ... (Majid Khaleel Dr~bU)

Special Secretary, PHE/l&FC Department (Representative)

. A (\/ ",\l-\\ (~R.~a~

Director General (Codes) (Member Secretary, Empowered Committee)

Director General, Accounts & Treasuries, Finance Department

(Member)

(Navin K . Choudhary), lAS, Principal Secretary, Finance Department

(Convener Empowered Committee)

List of Adhoc/ Contractual/ Consolidated employees found eligible/ deficient pertaining to Culture Department as decided in the 62nd ECM held on 22.10.2018


1 1 Waseem Sari S/o Ab Sari R/o Orderly cum Eligible Mitrigam, Pulwama Chowkidar

(Qa,~\ Director General (Codes)

(Member Secretary, Empowered Committee)

(S. . hibber) Addition I Secretary, GAD

(Representative)

~llW\1)\) (M.Y. Pandith) Director General,

Accounts & Treasuries, Finance Department (Member)

(Mohamm d Saleem Shi~ar) Secretary, Culture Department

(Member)



List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Animal & Sheep Husbandry Department as decided in the 62nd ECM held on 22.10.2018 Cons.


1 1 Sukh Chain S/o Duni Chand Class IV (Attendant) Eligible against Class IV R/o Karol, Kishtwar post.

(Ti k Additional Secretary, Anim & Sheep Husbandry

Department (Representative)

r\ n/\)s'IJ,\~ (~R.\=ai~ Director General (Codes)


~bJ (M.Y. Pandith) Director General,




List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Revenue Department as decided in the 62nd ECM held on 22.10.2018

Adhoc

,S.No 62ECM S.No. Name of Employee

1 1 Surinder Singh S/o Kehar Singh R/o Barwal, Kathua

2 Khem Raj S/o Chatru Ram R/o Plakah, Basohli Kathua 2

Design. Decision

Eligible Driver

Driver Eligible

~bber) Additional Secretary, GAD

(Representative)

c\ S'(\~\l\\ (M.R. Andrabi)


\Y1y(l~ (Am· et ~

Additional Secr a , evenue Department (Representative)



List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to PW (R&B) Department as decided in the 62nd ECM held on 22.10.2018

Cons.

S.No 61 ECM Name of Employee Design. Decision S.No.

The department is advised to Gh. Nabi Sheikh 5/0 Helper to issue necessary consideration

1 1 Assadullah Sheikh R/O order in compliance to orders of Hillar, Anantnag Compressor Hon'ble High Court on the

merits of the issue.

.: Additional Secretary, PWD(R&B)Department

(Representative)

I ber) Addit onal Secretary, GAD

(Representative)

(D.~~!IV Director General (Codes)


k-hoy (M.Y. PanMh~)..


(Member)



List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Forest Department as decided in the 62nd ECM held on 22.10.2018

Cons.

Name of Employee Decision 62ECM S.N .

S.No

1

Sheeraz Ahmad Malik SIO Gh. Hassan Mochi RIO Gund Handoo, Shopian

1

Additional Secretary, Forest Department (Representative)

(M~~~~\~


Design.

Eligible Sweeper

( C. Chhibber) Additional Secretary, GAD

(Representative)

~~Ot (M.Y. Pandi~ ·1l Director General,

Accounts & Treasuries, Finance Department

~(Member)



List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Social Welfare Department as decided in the 62nd ECM held on 22.10.2018

Adhoc. ,


The department has yet to furnish the reply as was asked for by the

Haneefa Bano D/O Empowered Committee in its 61st

1 55 Mohd Jamal Najar RIO Conductress Meeting dated 24.04.2018 with regard

Amargad, AlP Puchkoot to verification and confirmation of authenticity of Initial Engagement order issued vide No. DCK/CA/127-31 Dated 27.06.92.

(Sa Additional Secret

Depa

(S. C. Chhibber) Additional Secretary, GAD

(Representative)

(~~~~\\ Director General (Codes)


\c;$rI1> , (M.Y. Pand~ ·1'). Director General,

Accounts & Treasuries, Finance Department



.. . List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to School Education Department as decided in the 62nd ECM held on 22.10.2018 Cont.


The department is advised to : a) furnish Initial engagement order of the incumbent,

Amina Jan 0/0 Gulam b) furnish salary statement w.e.f 06/14 1 1 Mohi-U-Din Banday R/o Teacher onwards and

Beerwah, Budgam c) clarify as to whether the department has sought relaxation of age at the time of her initial engagement as the incumbent being over age.

The department is advised to : a) furnish Initial engagement order of the

Mymoona Bano 0/0 Gh incumbent and 2 2 Mustafa Banday R/o Teacher b) clarify as to whether the department

Beerwah, Budgam has sought relaxation of age at the time of her initial engagement as the incumbent being over age.

54ECM S.No.

Rifath Ashai 0/0 Mubark

3 4 Shah Ashai Lib. Asstt Eligible

W/o Nazir Ahmad Mir Haripora, Budgam

rw..J (Sunita '2.0 \ \ V

Special Secretary, Scho I Education bepartment (Representative)

(. . Chhibber) Additional Secretary, GAD

(Representative)

(~~~\A\ Director General (Codes)


\e,:""'iVV\6 ,. (M.Y. P~t~). Director General,

Accounts & Treasuries, Finance Department (Mp.mbp.r)

(Navin K . Chaudhary), lAS, Principal Secretary, Finance Department


..

List of Adhoc/ Contractual/ Consolidated employees found eligible/ deficient pertaining to Health & Medical Education Department as decided in the 62nd ECM held on 22.10.2018 Cont. S.No 54ECM Name of Employee Design. Decision

S.No.

Javed Ahmad Shola 5/0 1 25 Mohd Sidiq Shola R/o Fateh Jr.Asstt. Eligible

Kadal, Sri nagar

Rakesh Singh 5/0 The department is adsvised to submit 2 22 Parshotam Singh R/o Mand Driver the case of the incumbent in terms of

Udhampur SRO-520 dated 21.12.2017

Cont. 50ECM S.No.

3 11 Rafeeqa Bano D/o Mohd FMPHW Eligible Salyman R/o Kupwara

Gurdeep Singh 5/0 Madho The Empowered committee reiterates 4 1 Driver its decision taken in its 59th ECM dated Lal R/o Gandoh doda 30.05.2017.

Khurshid Ahmad 5/0 Gh. The Empowered committee reiterates 5 2 Qadir R/o Kahara Chaba Driver its decision taken in its 59th ECM dated

Thatri Doda 30.05.2017.

Tariq Hussain 5/0 The Empowered committee reiterates 6 3 Mohammad Sharief R/o Mir Driver its decision taken in its 59th ECM dated

Soti Dadwal Gandoh Doda 30.05.2017.

Cons. ~

Eligible, Subject to the condition that the department may have the facts

8agh Hussain 5/0 Haji verified in the matter by a committee 7 41 Roda R/o Hakaman, Jari Safaiwala to be constituted by the department as

to whether the incumbent has been appointee against a clear vacancy right from the date of initial engagement

~

c\~i~\\ A (/~


Mohd Zulfiqar 5/0 Faiz verified in the matter by a committee 8 43 Mohd R/o Dhargloon, Safaiwala to be constituted by the department as

Poonch to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Bhagi Ram 5/0 Mutu Ram verified in the matter by a committee 9 90

R/o Dullangal, Kathua Safaiwala to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Lekh Raj 5/0 Radu Ram verified in the matter by a committee 10 100

R/o Kathua Safaiwala to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Fareed Ahmad 5/0 verified in the matter by a committee 11 109

Abdullah R/o Bhalla, Doda Safaiwala to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Misra Begum 5/0 Jamal Din verified in the matter by a committee 12 110

R/o Nagar, Bhaderwah Safaiwala to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement

•

13

14

15

16

17

18

Hajira Begum W/O Abdullah Mochi R/o Kandol, Safaiwala Kathua

111

Safaiwala

124 Shakeela W/o Mohd Latief R/o Chinar Mohala, Safaiwala Baderwah

122 Sohan Lal 5/0 Churu Ram R/o Sungli

Eligible, Subject to the condition that the department may have the facts verified in the matter by a committee

Safaiwala to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement

\. 0\

Safaiwala

Safaiwala

Eligible, Subject to the condition that the department may have the facts verified in the matter by a committee to be constituted by the department as to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement





125 Brij La! 5/0 Amir Chandu R/o Balessa

126 Mohd Amin Mochi 5/0 Mohd Asda R/o Chilly Payeen, Bhalessa

Karam Chand Bhagat 5/0 132 Lt. Duni Chand R/o Pora

Bala, Doda

<}.-/

· .. Eligible, Subject to the condition that the department may have the facts

Ghulam Nabi 5/0 Ali Mohd verified in the matter by a committee

19 152 Safaiwala to be constituted by the department as R/o Parnu, Doda to whether the incumbent has been

appointed against a clear vacancy right from the date of initial engagement


Gulsher Mochi 5/0 Alya verified in the matter by a committee 20 52 Mochi R/o Masri, Doda Safaiwala to be constituted by the department as

to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Mushtaq Ahmad 5/0 Gh verified in the matter by a committee 21 81 Mohd Shiekh R/o Kawbagh, Safaiwala to be constituted by the department as

Ramban to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


Sitara Begum W/o Ab verified in the matter by a committee 22 98 Rashid Mochi R/o Banihal Safaiwala to be constituted by the department as



Kapoor Chand 5/0 verified in the matter by a committee 23 62 Samdokhu R/o Ramnagar, Safaiwala to be constituted by the department as

Udhampur to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement

h

-: ~ ~\~.J ~

:. Eligible, Subject to the condition that the department may have the facts

Mohan Lal 5/0 Bala Ram verified in the matter by a committee 24 129 Safaiwala to be constituted by the department as

R/o Omara, Udhampur to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement


I

Ghulam Qadir 5/0 Ghulam verified in the matter by a committee 25 80 Ahmad R/o Sawjain Safaiwala to be constituted by the department as



Tabib Ahmad 5/0 Ab verified in the matter by a committee 26 91 Razak R/o Mandi, Rajpura Safaiwala to be constituted by the department as



Ghulam Mohi-ud-din 5/0 verified in the matter by a committee 27 92 Habibuliah R/o Plera, Safaiwala to be constituted by the department as

Haveli to whether the incumbent has been appointed against a clear vacancy right from the date of initial engagement

52ECM S.No.

Rais Ahmad Shah 5/0 28 73 Nizam Ud Din Shah R/o Physiotherapist Eligible

Chelan, Kulgam

Cont.

Decision 62ECM S.No. S.No Name of Employee Design.

Mushtaq Ahmad Dar 5/0 Mohd Yousuf Dar R/O Thajiwara, Anantnag

Driver Eligible,Subject to furnishing of Work & Conduct Certificate of the incumbent by the department

29 1

SUbject:- Contempt Petition No. 122/2015 titled Khadim Hussain V /s state & Others in SWP No. 98/2013 titled Kher Singh V /S State & Others.

Subject:- SWP No. 646/2013 titled Nazima Anjum V /s State & Others.

The case of the petitioner was placed before the Empowered Committee for consideration. The committee decided that the department have to condone the period of absence from the competent authority before resubmitting the case to the designated Empowered Committee in the first instance. As the continious seven years of service is pre-requiste condition under the provisions of J&K Civil Services (Special Provisions) Act, 2010.

SUbject:- SWP No. 646/2013 titled Showkat Ali Andrabi V /s State & Others.

The case of the petitioner/ incumbent was placed before the Empowered Committee for consideration. The Committee decided that the required action in the matter is to be taken by the concerned administrative department in terms of G.O No. 1220-GAD of 1989 dated 11.09.1989. The committee recommends that the department has to take appropriate action at the departmental level in compliance with court orders on merits of the case, as the ex-ad hoc employee have been engaged on 11.12.1987 and is to be considred for regularization under the provisions of rules /orders in vogue at that relevant point of time.

The committee after threadbare discussion resolved that the department should categorically state that these incumbents have been engaged against the clear vacancies & that too from the date of initial engagement and incase, the petitioners are not found fulling the eligibility criteria the writ petitioner shall need to be defended in consultation with the Department of Law, Justice & Parliamentary Affairs. However, if the courts orders have assumed finality the department should take appropriate action at its level and if need arises, approach the Competent Authority for implemantation of orders of Hon'ble High Court.

~ (Abdul Sattar)

Department (Representative)

(~~~\\V Director General (Codes)


S~ Chhibber) Additional Secretary, GAD

(Representative) Additional Secretary, Health & Medical Education

~ (M.Y. Pandith)~' r Director General,




I

Subject: SWP No. 1923/2010 titled Sajad Ahmad Mir VIS State & Others

List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Labour & Employment Department as decided in the 62nd ECM held on 22.10.2018

In pursuance of judgement Dated 15.12.2014 in SWP No. 1923/2010 titled Sajad Ahmad Mir VIS State & Others, the Labour & Employment Department forwarded the matter for placing the same before the Empowered Committee for Consideration. The Committee decided that the department should settle the issue at its own level as the Office of Provident Fund Commisioner, J&K is a non-Govermental organization and the case does not fall under the purview of J&K Civil Services (Special Provisions) Act 2010 {section 3 (c)} of the Ad.

(s.~ Addltiorial Secretary, GAD

(Representative)

(Aijaz Ahmad) Special Secretary, Labour & Employment Department

(Representative)

(6.~\\V Director General (Codes)


~ (M.Y. Pandit~· \ v


(Member)



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