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

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1 Minutes of 62nd meeting of the Empowered Committee held on under the Convenorship of Principal Secretary, Finance. Subject: Regularization of Adhoc/Contractual/Consolidated employees. Reference Jammu & Kashmir Civil Services (Special Provisions) Ace The Empowered Committee held its 62nd meeting on under the Convenorship of the Principal Secretary to Government, Finance. The following officers attended the meeting: (i) Principal Secretary, Finance Convenor (ii) Commissioner/Secretary, Culture Member (iii) Director General Accounts & Treasuries Member (iv), Finance Member-Secretary (v) Spl. Secretary, School Education Representative (vi) Spl. Secretary, PHE/I&FC Representative (vii) (viii) (ix) Spl. Secretary, Labour & Employment Adl. Secretary, General Administration Adl. Secretary, Health & Medical Education Representative Representative Representative (x) Adl. Secretary, Social Welfare Representative (xi) Adl. Secretary, PW (R&B) Representative (xii) Adl. Secretary, Forest Representative (xiii) Adl. Secretary, Revenue Representative (xiv) Adl. Secretary, Animal & Sheep Husbandry Representative

2 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 s. Twelve (12) cases were found deficient on account of certain information/ clarification or documents from the concerned s. 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. 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» Copy tor- 1. Principal Secretary, Health & Medical Education for information, 2. Principal Secretary, Animal & Sheep Husbandry for information, 3. Principal Secretary, Finance for information, 4. Commissioner/Secretary, Forest, for information, 5. Commr/Secretary, Revenue, for information, 6. Commr/Secretary, PW (R&B), for information, 7. Commr/Secretary, General Adminstration, for information, 8. Commr/Secretary, Labour & Employment for information, 9. Commr/Secretary, Culture for information, 10. Secretary, School Education, for information, 11. Secretary, PHE/I&FC, for information, 12. Secretary, Social Welfare, for information, 13. DG, Accounts & Treasuries, for information, 14. Nodal officer, FD, for uploading the minutes on Finance website. (M.. And bi) Member Secretary Empowered Committee

3 ( ( ANNEXURE "A" (:' Fresh cases Review cases Eligible Deficient Total PHE/I&FC X 4 4 X 4 Culture 1 X 1 X 1 Animal & Sheep Husbandry 1 X 1 X 1 Revenue 2 X 2 X 2 PW (R&B) X 1 X 1 1 Forest 1 X 1 X 1 Social Welfare X 1 X 1 1 School Education Health & Medical Education Labour & Employment X X 1 1 Total S

4 Annexure "B" List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to PHE/I&FC as decided in the 62nd ECM held on CONT. S.No 61ECM Name of Employee Design. Decision Monika Sahni DIO Raj 1 4 Kumar RIO AlP Muthi Jr. Assistant Hiranagar, Kathua Eligible against the post of Jr. Assistant Rajinder Kumar SIO Som 2 5 Dutt RIO Ramnagar, Jr. Assistant Udhampur Eligible against the post of Jr. Assistant 3 6 Arun Jasrotia Sio Romesh Singh Rio Janglote, Kathua Jr. Assistant Eligible against the post of Jr. Assistant Verinder Paul Khajuria 4 7 SIO Jia Lal Khajuria RIO Jr. Assistant Nagrota, Kathua Eligible against the post of Jr. Assistant \~ lfd... (Majid Khaleel Dr~bU) Special Secretary, PHE/l&FC. A (\/ ",\l-\\ (~R.~a~ Director General, Accounts & Treasuries, Finance (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

5 List of Adhoc/ Contractual/ Consolidated employees found eligible/ deficient pertaining to Culture as decided in the 62nd ECM held on S.No 62ECM Name of Employee Design. Decision 1 1 Waseem Sari S/o Ab Sari R/o Orderly cum Mitrigam, Pulwama Chowkidar Eligible (S.. hibber) Addition I Secretary, GAD (Qa,~\ ~llw\1)\) (M.Y. Pandith) Director General, Accounts & Treasuries, Finance (Member) (Mohamm d Saleem Shi~ar) Secretary, Culture (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

6 List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Animal & Sheep Husbandry as decided in the 62nd ECM held on Cons. S.No 62ECM Name of Employee Design. Decision 1 1 Sukh Chain S/o Duni Chand R/o Karol, Kishtwar Class IV (Attendant) Eligible against Class IV post. (Ti k Additional Secretary, Anim & Sheep Husbandry r\ n/\)s'ij,\~ (~R.\=ai~ ~bj (M.Y. Pandith) Director General, Accounts & Treasuries, Finance (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

7 List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Revenue as decided in the 62nd ECM held on Adhoc,S.No 62ECM Name of Employee Design. Decision 1 1 Surinder Singh S/o Kehar Singh R/o Barwal, Kathua Driver Eligible 2 2 Khem Raj S/o Chatru Ram R/o Plakah, Basohli Kathua Driver Eligible ~bber) Additional Secretary, GAD \Y1y(l~ (Am et ~ Additional Secr a, evenue c\ S'(\~\l\\ (M.R. Andrabi) (Navin K. Choudhary), las, Principal Secretary, Finance

8 List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to PW (R&B) as decided in the 62nd ECM held on Cons. S.No 61 ECM Name of Employee Design. Decision The department is advised to 1 1 Gh. Nabi Sheikh 5/0 issue necessary consideration Helper to Assadullah Sheikh R/O order in compliance to orders of Compressor Hillar, Anantnag Hon'ble High Court on the merits of the issue..: Additional Secretary, PWD(R&B) I ber) Addit onal Secretary, GAD (D.~~!IV k-hoy (M.Y. PanMh~).. Director General, Accounts & Treasuries, Finance (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

9 List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Forest as decided in the 62nd ECM held on Cons. S.No 62ECM S.N. Name of Employee Design. Decision 1 1 Sheeraz Ahmad Malik SIO Gh. Hassan Mochi RIO Gund Handoo, Shopian Sweeper Eligible Additional Secretary, Forest ( C. Chhibber) Additional Secretary, GAD (M~~~~\~ ~~Ot (M.Y. Pandi~ 1l Director General, Accounts & Treasuries, Finance ~(Member) (Navin K. Choudhary), las, Principal Secretary, Finance

10 List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Social Welfare as decided in the 62nd ECM held on Adhoc. S.No 61ECM Name of Employee Design. Decision, Haneefa Bano D/O 1 55 Mohd Jamal Najar RIO Conductress Amargad, AlP Puchkoot The department has yet to furnish the reply as was asked for by the Empowered Committee in its 61st Meeting dated with regard to verification and confirmation of authenticity of Initial Engagement order issued vide No. DCK/CA/ Dated (Sa Additional Secret Depa (S. C. Chhibber) Additional Secretary, GAD (~~~~\\ \c;$ri1>, (M.Y. Pand~ 1'). Director General, Accounts & Treasuries, Finance (Navin K. Choudhary), las, Principal Secretary, Finance

11 ... List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to School Education as decided in the 62nd ECM held on Cont. S.No 62ECM Name of Employee Design. Decision 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/ 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 3 4 Rifath Ashai 0/0 Mubark Shah Ashai W/o Nazir Ahmad Mir Haripora, Budgam Lib. Asstt Eligible (.. Chhibber) Additional Secretary, GAD rw..j (Sunita '2.0 \ \ V Special Secretary, Scho I Education bepartment (~~~\A\ \e,:""'ivv\6,. (M.Y. P~t~). Director General, Accounts & Treasuries, Finance (Mp.mbp.r) (Navin K. Chaudhary), las, Principal Secretary, Finance

12 .. List of Adhoc/ Contractual/ Consolidated employees found eligible/ deficient pertaining to Health & Medical Education as decided in the 62nd ECM held on Cont. S.No 54ECM Name of Employee Design. Decision Javed Ahmad Shola 5/ 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 Cont. 50ECM 3 11 Rafeeqa Bano D/o Mohd Salyman R/o Kupwara FMPHW Eligible The Empowered committee reiterates Gurdeep Singh 5/0 Madho 4 1 Driver its decision taken in its 59th ECM dated Lal R/o Gandoh doda 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 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 Cons. ~ agh Hussain 5/0 Haji Roda R/o Hakaman, Jari appointee against a clear vacancy right ~ c\~i~\\ A (/~

13 Mohd Zulfiqar 5/0 Faiz 8 43 Mohd R/o Dhargloon, Poonch 9 90 Bhagi Ram 5/0 Mutu Ram R/o Dullangal, Kathua Lekh Raj 5/0 Radu Ram R/o Kathua Fareed Ahmad 5/0 Abdullah R/o Bhalla, Doda Misra Begum 5/0 Jamal Din R/o Nagar, Bhaderwah

14 Hajira Begum W/O Abdullah Mochi R/o Kandol, Kathua Sohan Lal 5/0 Churu Ram R/o Sungli Shakeela W/o Mohd Latief R/o Chinar Mohala, Baderwah Brij La! 5/0 Amir Chandu R/o Balessa Mohd Amin Mochi 5/0 Mohd Asda R/o Chilly Payeen, Bhalessa 18 Karam Chand Bhagat 5/0 132 Lt. Duni Chand R/o Pora Bala, Doda <}.-/ \. 0\

15 Ghulam Nabi 5/0 Ali Mohd R/o Parnu, Doda Gulsher Mochi 5/0 Alya Mochi R/o Masri, Doda Mushtaq Ahmad 5/0 Gh Mohd Shiekh R/o Kawbagh, Ramban Sitara Begum W/o Ab Rashid Mochi R/o Banihal Kapoor Chand 5/ Samdokhu R/o Ramnagar, Udhampur h -: ~ ~\~.J ~

16 : Mohan Lal 5/0 Bala Ram R/o Omara, Udhampur Ghulam Qadir 5/0 Ghulam Ahmad R/o Sawjain I Tabib Ahmad 5/0 Ab Razak R/o Mandi, Rajpura Ghulam Mohi-ud-din 5/ Habibuliah R/o Plera, Haveli Cont. 52ECM Rais Ahmad Shah 5/ Nizam Ud Din Shah R/o Physiotherapist Eligible Chelan, Kulgam 62ECM S.No Name of Employee Design. Decision 29 1 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

17 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, 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 GAD of 1989 dated 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 and is to be considred for regularization under the provisions of rules /orders in vogue at that relevant point of time. 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. 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 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) Additional Secretary, Health & Medical Education (~~~\\V S~ Chhibber) Additional Secretary, GAD ~ (M.Y. Pandith)~' r Director General, Accounts & Treasuries, Finance (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

18 I List of Adhoc/Contractual/Consolidated employees found eligible/ deficient pertaining to Labour & Employment as decided in the 62nd ECM held on Subject: SWP No. 1923/2010 titled Sajad Ahmad Mir VIS State & Others In pursuance of judgement Dated in SWP No. 1923/2010 titled Sajad Ahmad Mir VIS State & Others, the Labour & Employment 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 (Aijaz Ahmad) Special Secretary, Labour & Employment (6.~\\V ~ (M.Y. Pandit~ \ v Director General, Accounts & Treasuries, Finance (Member) (Navin K. Choudhary), las, Principal Secretary, Finance

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