Excelsior Correspondent
JAMMU, Mar 28: In a significant judgment, Division Bench of State High Court comprising Chief Justice F M Ibrahim Kalifulla and Justice Virender Singh today held that tenure employee cannot claim the service benefits of permanent employee of university vis-à-vis retirement age.
The judgment was passed in an appeal filed by Onkar Singh Sudan. The appellant, who was serving as Principal, Government Degree College Kathua, was appointed as Director Colleges Development Council on November 26, 2001 on probation for a period of two years from the date of his joining.
On the very next day, the order of appointment was kept in abeyance pending further orders by the University of Jammu. However, on December 7, 2001, University issued another order appointing the appellant against a tenure post of 5 years as Director Colleges Development Council initially on probation for a period of two years. It was also stated that his appointment would be governed by the provisions of Jammu and Kashmir Universities Act, 1969 and the statues/regulations made there under.
The University Council in its meeting held on June 21, 2004 considered the confirmation of the appellant as Director Colleges Development Council with effect from December 10, 2003. By order dated January 9, 2007, the respondents, based on the observation of the Chancellor University of Jammu, extended the tenure of the appellant with effect from December 10, 2001 till he attains the age of superannuation as per the State Government norms.
For the period of extended tenure, the appellant was to function as Project Director for the upcoming Mini Campus of University at Poonch apart from looking after his duties as Director DDE pending further orders. By circular dated May 28, 2007, it was notified by the respondents that the appellant would get superannuated from the State Government Services on July 31, 2007 as per the records available with the Registry.
After hearing Senior Advocate Z A Shah assisted by Advocate Vipin Gandotra for the appellant whereas Senior Advocate D S Thakur with Advocates A Thakur and Karan Deep Singh for University and AAG Jagdish Parihar for the Higher Education Department, the Division Bench didn’t find any scope to hold that the appellant’s services in the University pursuant to his tenure appointment resulting in he becomingf a permanent employee of the University on regular basis.
“Further claim of the appellant that he was entitled to be continued in services up to the age of 60 years is not maintainable”, the DB said, adding “the order of Single Judge does not call for interference”.
Tenure employee can’t claim service benefit of permanent employee: DB
5 Bills withdrawn, one dropped in Council
Excelsior Correspondent
JAMMU, Mar 28: The House today took up discussions on Private Members’ bills even as one bill of PDP member was dropped.
A Bill to amend state Ranbir Panel Code and CrPC was introduced by Naresh Kumar Gupta who withdrew it after Minister for Law and Parliamentary Affairs Ali Mohammad Sagar assured him that government is contemplating bringing a similar amendment in near future.
Similarly Bills to amend CrPC were moved by Murtaza Ahmed Khan and Naresh Kumar Gupta who too withdrew them after assurances by Mr. Sagar.
A Bill to provide food and nutritional security was introduced by Ajay Sadhotra which he also withdrew after the reply of Minister for CA&PD, Qamar Ali Akhoon.
A Bill to provide for conservation of biological diversity was introduced by Dr. Bashir Ahmed Veeri who withdrew it after Minister for Forest, Mian Altaf Ahmed assured him that a bio diversity board in the State is being constituted shortly.
A bill to provide for creating an identification database and registration authority for J&K was introduced by Murtaza Ahmed Khan which was dropped by the House after the satisfactory reply by Minister for Finance, Abdul Rahim Rather.
BJP to investigate 10 scams in four months
Excelsior Correspondent
The meeting was convened by Dr Jitendra Singh, BJP National Executive Member & Chief Spokesperson of the Party, who is also State convenor, of its Scam Committee. The meeting was attended by committee members including Chander Prakash Ganga, Chander Mohan Sharma, Satish Sharma, Sat Sharma (C.A.), Balbir Ram and Rajinder Sharma.
Kirit Somaiya, held threadbare discussions with the committee members. He was briefed about progress made so far in some scams, which have been deeply investigated besides apprising him about a dozen other scams which have shook the faith of people in NC-Congress coalition. He reviewed the progress made so far by scam committee into various scams under scanner.
Mr Somaiya said that the BJP at national level has launched a drive to unearth the scams in other states as a result of which NRHM scam in Utter Pradesh and Mining scam in Goa have led to the fall of respective state governments there. The national leadership has now identified Jammu and Kashmir also as a state with very high number of scams and scandals having its rating as second most corrupt state in the country.
Dr. Jitendra Singh said that in the coming months a detailed booklet containing evidences of 10 major scams in Jammu and Kashmir is planned to be released for the public so that the record of ministers, bureaucrats and other corrupt elements is available for public scrutiny.
The major scams which have been identified include NRHM Scam, JKCA Scam, Tawi Islands Scam, Forest Land scam, Dal Lake scam, IWDP Scam, MNREGA Scam, PWD Scam and Village Community Land scam.
ADGP for making CD, disaster management more vibrant
Excelsior Correspondent
Addressing a gathering of participants from Education and different Departments of the district at one day workshop on Civil Defence and Disaster Management organized by Civil Defence (CD) Unit Udhampur in the conference hall of Government Degree College (Boys), the ADGP exhibited a remarkable power point presentation on Civil Defence and Disaster Management to give a feel to participants as to how they should equip themselves during testing circumstances.
To strengthen and revitalize the Civil Defence setup in the State, the ADGP said that as many as 23,000 new volunteers were enrolled in the year 2011-12 to play a significant role in disaster management and assisting the police in internal security and law and order situations besides retaining their primary role. She further said that two battalions of State Disaster Response Force (SDRF) have already been raised in the state and fully equipped component of SDRF would be kept at each District Headquarters to deal with any eventuality.
Highlighting the role of CD in protecting the lives and property in the event of war, break out of fire, road accident other exigencies, the Deputy Commissioner Udhampur, P.K Pole, who is the controller of Civil Defence Unit of the district, said that trained CD volunteers could prove instrumental in managing the situation effectively besides help in building self confidence and concern for humanity among the masses.
In his welcome address, Deputy Controller Civil Defence, Udhampur, Bodh Raj highlighted the various activities of the organization being carried out in the
During the workshop various speakers which mainly include Superintendent District Hospital, Dr. Chander Parkash, Assistant Director Fire and Emergency Services, R. C Raina, District Information Officer, Dr. Jagdish Mehra, Chief Warden CD, Surinder Khajuria and Advocate S. D Kotwal delivered their expert lectures on different topics.
Deputy Chief Warden, Ved Parkash presented vote of thanks.
Among others, DIG, Udhampur-Reasi Range, Jagjit Kumar, Principal Degree College, Dr. Nutan Kumar, SSP, Shakeel Ahmed Beig, ASP, Abdul Jabbar and CD Wardens were also present on the occasion.
Army chief visits cave shrine of Mata Vaishnodevi
Excelsior Correspondent
Accompanied by his wife Bharti Singh, General Singh reached holy town of Katra in an Army chopper this evening where he was received by top officers of Army and Additional SP Katra, Mohan Lal.
Later, he flew to Shanjichat and attended the evening prayers in the holy cave before flying back to the holy town. He will return to Union Capital tomorrow.
Earlier in the day, Army chief assessed the prevailing security scenario in Kashmir and operational preparedness of the force on Line of Control.
He visited the 15 Corps headquarters and was briefed in detail about the operational preparedness of the force on the LoC, a defence spokesman said, adding he also took stock of the prevailing security scenario in Kashmir Valley.
Gen Singh interacted with officers and all ranks of the Corps and complimented them for their state of preparedness and maintenance of high moral values and principles associated with the Army, the spokesman said.
He said the Army chief was also appreciative of the initiatives undertaken by the Northern Command particularly the 15 Corps, leading to peaceful environment in the Valley.
Mankotia protests in support of Homeguards Harsh for upgradation of road, edu, PDD sector
Excelsior Correspondent
JAMMU, Mar 28: Resuming debate on demands for grants for the departments under the charge of Chief Minister on second consecutive day in LA today, Harsh Dev Singh enjoined upon the Government to retrospect its performance during the past three years and see that how many targets have been achieved. He said people have high hopes from the Government and it should fulfill the aspirations the people.
He stressed the need for implementation of all Central schemes in letter and spirit so that benefits of these schemes reach to the needy. He also called for upgradation of road/education and PDD sectors in the rural areas. He demanded that the officers be made more accountable to the people.
Kafeel-ur-Rehman appreciated the performance of the Government during the past three years, adding that the Government has taken several people friendly decisions to make the administration more accountable and accessible to the people. He called for collective efforts for the development of the State and mitigating the problems of people cutting across the party lines. He demanded adequate funds for development of rural and far flung areas of Karnah.
Mohammad Sharif Niaz sought adequate relief to the snow/wind storm victims in the State. He demanded construction of shelters for floating population of Gujjar and Bakerwals at different places to protect their cattles. He stressed the for setting up of State’s own power projects to improve the power scenario. He also expressed gratitude to the Central leadership for providing liberal funding to accomplish various ongoing projects in the State.
Prof. Chaman Lal Gupta sought rationalization in distribution of government advertisement. said all categories of newspapers should get their due share of government advertisements.
He sought more steps for good governance and improving delivery service on ground. He stressed the need for upgradation of power infrastructure to improve overall scenario of electricity in Jammu city. He also called for judicious use of secret funds by the Government.
Mr. Yashpal Kundal demanded additional funds for improving power sector and road network in constituency. He demanded maintenance of reservation roaster in promotions and allotting reservation slot in the engagement of ReT and ReZ.
He drew the attention of the government towards gutted Utterbehni Bridge alleging that the bridge was washed away within one year of its construction. He suggested written test for recruitments by the PSC and SSRB. He also demanded enhancement in the housing loan for legislators.
G A Mir hailed the Chief Minister for taking bold and people-friendly decisions for all round development of the state. He suggested that private investors should be invited to invest in core sectors, which he said not only provide better infrastructure but employment to the educated un-employed youth.
Mir said holding of panchayat elections was a historical success of coalition government, which not only prove beneficial upgrading basic amenities in rural areas but add employment generation to ruralties.
Saying Right to Information Act, an effective tool, he said that it will improve the functioning of the government departments and curb the menace of corruption.
Dr. Sheikh Mustafa Kamal called for collective effort to fight against the menace of corruption, adding that RTI and other Commissions helping the state to come out from this evil. He said that no tendering approach will be adopted to withdraw AFSPA from the state.
He hailed the Chief Minister for announcing recent wind storm as natural calamity and called special relief package from the Centre. He demanded enhancement of funds repair of legislators’ houses, and risk allowance for the Traffic police personnel. He demanded conferment of State Sports Awards to outstanding sport personnel pending since 2006.
Ashwani Kumar Sharma saluted the security personnel for sacrificing precious lives for maintaining law and order and normalcy in the state. He demanded rehabilitation of militancy affected families of Jammu province and compensation to the kith and kins who died during Amar Nath land row in and mine blasts, the mines implanted in the border belt of his Constituency. He appreciated the government for commissioning the Grid Station Pratap Singh Pura and improving road network in rural areas.
Prof. Gharu Ram Bhagat Called for special recruitment drive for border Tehsil of R S Pura, repair and renovation of existing roads and special power line for SDH R. S.. Pura. He also demanded proper implementation of reservation roaster in promotion and recruitment.
Aijaz Jan hailed the government for initiating mega projects for the development of far-off areas, adding that more funds need to be allocated to accelerate the developmental tempo. He demanded enhancement of honorarium of SPOs and regularization of daily wagers engaged in various departments.
Balwant Singh Mankotia also participated in the discussion and demanded enhancement of wages of Homeguard jawans who are on protest for last six years. He also went to well in protest in their support. However on the directives of speaker to Government MLA went to his seat.
Hanging of Rajoana stayed
NEW DELHI, Mar 28:
The hanging of Balwant Singh Rajoana, assassin of former Punjab Chief Minister Beant Singh, was today stayed by the Centre following a mercy petition.
Sources in the Government said that the hanging, which was scheduled to be carried out on March 31, has been stayed following a petition filed by SGPC, the Sikh religious body.
The sources said the decision to keep the hanging in abeyance was taken since a petition was filed in line with the guidelines followed in such cases.
The scheduled hanging of Rajoana had got the politics of Punjab in a turmoil with the ruling Akali Dal campaigning against his execution while its coalition partner BJP disfavouring such a course.
The state Congress leaders at a personal level had been favouring clemency.
Rajoana, a police constable and a close friend of another assassin Dilawar Singh Babbar, was the second human bomb to be used in case the first one failed to kill Beant Singh on August 31, 1995.
Punjab Chief Minister Prakash Singh Badal today called on President Pratibha Patil and handed over a mercy petition on behalf of Punjab government seeking clemency for Rajoana.
The President’s office later sent his petition to the Union Home Ministry, which will also be decided in due course of time.
Under normal circumstances, the petition would be sent to the Law Minsitry and Punjab government for comments after which it would be forwarded to the President with a view of the Home Ministry.
The President’s office already has 18 mercy petitions to decide on.
Pending the procedural handling of the mercy petition, the Centre has stayed the carrying out of the hanging of Rajoana.
The court order giving the go-ahead to the execution of Rajoana on March 31, a terrorist of Babbar Khalsa International, has heated up the Akali politics in Punjab.
A bandh called by Sikh outfits, including hardliners, in protest against the death sentence of Rajoana’s crippled normal life in much of Punjab today.
The Akal Takht, the highest temporal seat of Sikhs, and SGPC managing key Sikh shrines in Punjab, want celemency for Rajoana. (PTI)
Shri Chandi Mata SB bill introduced
Excelsior Correspondent
JAMMU, Mar 28: A Bill for the constitution of a Board on the pattern of Shri Mata Vaishnodevi Shrine Board, for the better management of Shri Chandi Mata Machail Dham ( Machail Yatra), for up-gradation of facilities for the holy pilgrimage and matter connected there with right from Bhaderwah enroute Machail via Pul Doda, Premnagar, Thathri, Kishtwar and Gulabgarh (Paddar) was introduced today in the Upper House of the Legislature despite opposition by the Government.
The Bill in the Legislative Council was introduced by the Congress member from Bhaderwah, Naresh Kumar Gupta. While introducing, LC Private Members’ Bill No. 3 of 2012, seeking constitution of Shrine Board for Machail Mata Shrine, Mr Gupta said that area is very remote, having tough terrain and pilgrims face lot of hardships in view of very limited facilities. Majority of the yatris have to remain dependent on the local population and in view of the hardships of the pilgrims, the constitution of the Board was must. He proposed that this Act may be called Jammu and Kashmir Shri Chandi Mata Machail Shrine Board Act and 30 % of the members of the Board shall be from Sarv Shakti Sevak Sanstha Machail Yatra Management which will be nominated by founder patron-in-chief Th Kulbir Singh Jamwal and rest 70 % by way of nomination by the Government/ Governor.
The Bill was supported by another Congress legislator Jugal Kishore Sharma who pointed out that after constitution of Mata Vaishnodevi Shrine Board, tremendous improvement has been witnessed in the facilities to the pilgrims at Katra. He grave credit to Dr Farooq Abdullah for it. He said then Shri Amarnath Shrine Board was constituted and things have started showing good results. He said thousands of pilgrims go to Machail Yatra in Paddar every year and the area lacks lot of facilities. Therefore, the constitution of a Board was must. Even a few NC members also appeared supportive and even asked to admit and send to the select committee.
Minister of State for Tourism, Housing and Urban Development N A Wani while opposing the Bill said that Government was seized of the matter. Several steps have been taken to enhance facilities at Paddar, Gulabgarh Atholi for the pilgrims. He said that a project worth Rs 5 crore under tourism has been taken up and moreover constitution of Board was not viable for this yatra. The Bill was put to vote by the Dy Chairman M Y Taing and was not opposed by NC or the PDP members and stood introduced in the House despite being opposed by the minister.
Tension escalates between Gen, Govt
NEW DELHI, Mar 28:
Tensions between Army Chief Gen V K Singh and the Government escalated today over the leak of his letter to the Prime Minister on national security, trigerring demands for his removal as Defence Minister A K Antony promised “appropriate action”.
For the second day, Rajya Sabha was thrown into a tumult after a media report on the purported contents of the letter in which Gen Singh had reportedly said the country’s security may be at stake forcing the top leadership of the government to go into a huddle with Prime Minister Manmohan Singh.
Today’s development came on top of an acrimony between the Army Chief and the government in the last two days over his media interview in which he had claimed that he was offered a bribe of Rs 14 crore by a retired Lt Gen for swinging a sub-standard defence deal.
“I have made serious note of the observations. After consulting the Prime Minister and colleagues, we will take appropriate action,” Antony said after members expressed serious concerns over issues of national security, a confidential matter, being being brought to public domain through media leaks.
JD (U) member Shivanand Tiwari demanded the Army Chief’s removal while Pyari Mohan Mohanpatra said “people who are to be sacked should be sacked immediately”.
CPI(M) leader Sitaram Yechury said those responsible for the leak should be held accountable irrespective of the position held by them.
Though the Congress party steered clear of the controversy, Union Minister Vyalar Ravi attacked Gen Singh saying his actions reflected “frustrations” of an individual who had to withdraw his petition on the age row in the Supreme Court.
Gen Singh was away from the capital on an official visit to Jammu and Kashmir and paid obeisance at the Vaishnao Devi temple.
In his letter to the Prime Minister, the Army Chief has reportedly contended that the entire tank fleet is “devoid of critical ammunition to defeat enemy tanks”, the air defence is “97 per cent obsolete” and the infantry is crippled with “deficiencies of crew served weapon” and lacks “night fighting” capabilities.
Gen Singh has also alleged that there is “hollowness” in the procedures and processing time for procurements as well as legal impediments by vendors.
The BJP attacked Gen Singh for writing a letter to the Prime Minister directly on the state of affairs in the Army, which is a breach of discipline.
The issue of the contents of the letter appearing in the media rocked Rajya Sabha with members terming it as “disturbing” and “serious” and demanding that the government should take action against those responsible “whatever position he holds”.
In his reply, Antony confirmed that the Army Chief had written to the Prime Minister on March 12 drawing his “attention to issues related to national defence and security.”
He said “these issues are under the consideration of the Ministry of Defence. By very nature of these issues, they cannot be a matter of public debate.
Assuring members, Antony said, “Government is committed to do all that is necessary for the security of the nation. Government will do everything possible to ensure that our defence forces become the best fighting forces in the world.”
“Publishing the contents of secret communications within the government cannot serve our national security,” he said about the report over the leaked letter in the media.
Antony said successive governments have attached the highest priority to the defence preparedness of the nation.
“Our defence preparedness has always been strong and I can assure the House and the nation that it is our intention to keep it strong.
“The government has spared no effort and will do everything necessary to ensure that our defence forces are provided, equipped and trained to be amongst the best fighting forces in the world,” he said.
Assuring the members that the government is continuously taking steps to tighten the loose ends in the procurement process, Antony said procurements are being undertaken under the integrity pact put in place three years ago, which covers a contract of even Rs 100 crore.
He said if there is any violation, actions like blacklisting and cancellation of contracts are taken.
Antony said the Government will not leave any room for anybody to makes compromise over integrity and transparency.
“If some such thing comes to our notice, whoever it may be, Government will take strong action. I can assure the House of that.
“On the other hand, while doing that, we equally take care to speed up the modernisation of Armed Forces, because only by doing that we can be assured of our national security and we can protect every inch of our motherland. On that too, we would not compromise,” he said.
Leader of the Opposition Arun Jaitely said while he agreed with the Defence Minister that utmost restraint has to be exercised but felt that too many pieces of disturbing information were coming in the media relating to the integrity of the procurement process.
I would urge him to once again attach utmost priority to the fact that there are no malpractices in this.
“The second question is with regard to the preparedness. Once contents of letters, which are otherwise intended to be secret and must be kept secret, find their place into the media, then there is an alarmist situation which is created because some of the facts which have been mentioned in those news-reports are extremely disturbing with regard to defence preparedness.
“I am sure, the Defence Minister would look into all those facts, and, therefore, wherever there are any shortcomings, he would make sure that those are plugged and the procurement process because of other collateral controversies does not suffer at all,” he said.
Yechury said the fact that a sensitive issue like a letter containing facts about nation’s security and written by Army Chief to the Prime Minister gets leaked, is a matter of “utmost concern” and something that needs to be inquired.
Mahapatra of the BJD said the government should take immediate action.
“There is no scope for inquiry. It can take years. Whatever has to be done, it has to be done in hours not days,” he said adding “people who are to be sacked should be sacked” immediately under Article 311 B and C of Constitution.
Maintaining that Indian forces have never indulged in politics, JD-U leader Shivanand Tiwari said it would set a wrong precedent if such things are allowed and the Government will have to take some tough steps in this regard.
Earlier during Question Hour, Tiwari said the Army chief should be dismissed.
RJD and Samajwadi Party sought the dismissal of Army Chief for the leak of his letter to the Prime Minister.
“He (General) should be sacked immediately. Why he was silent all these days if there was shortage of ammunition,” RJD supremo Lalu Prasad asked while talking to reporters outside Parliament.
Describing the Army Chief as a “frustrated” man, he said, “It seems the General wants to fight elections. If there are any issues concerning the forces then he should have taken the Defence Minister into confidence. There is a huge investment on defence forces.”
The RJD chief further said, “He should remain within his limits.”
Terming the development as very “serious and sensitive”, Samajwadi Party leader Ram Gopal Yadav also demanded sacking of the Army Chief.
“People always have faith in our forces. It is a very serious and sensitive issue as far as letter is concerned which states that 97 per cent of our ammunition is not good, SP leader said.
He said the responsibility should be fixed for the leakage of the letter and whoever is responsible, action should be taken against him.
“If Army Chief is responsible for it which prima facie suggests… He should be sacked immediately. If this kind of indiscipline grows in Army then it will be a dangerous trend for the country.”
However, Yadav said the development is a also a sign of weak leadership.
Expressing concern, JD(U) leader Sharad Yadav said, “It has never happened in the last 63 years. We are very concerned over the development. This is a very serious issue and whatever is happening is not good.” (PTI)
Azad approves 3 more MDS courses
Excelsior Correspondent
JAMMU, Mar 28: Union Minister for Health & Family Welfare, Ghulam Nabi Azad has approved three more MDS Courses (Post Graduate Course) for the Government Dental College & Hospital, Srinagar. The new disciplines approved are Orthodontics & Dentofacial Orthopedics, Oral Medicine & Radiology & Prosthodontics and Crown & Bridge with two seats each from the academic session 2012-13.
The approval has been conveyed to the College authorities. The College authorities had earlier taken up the matter with the Government of Jammu & Kashmir and University of Kashmir. Affiliation by the University of Kashmir was accorded and the matter was taken up with the Union Ministry of Health & Family Welfare and Dental Council of India.
The teams from Dental Council of India conducted various inspections and forwarded the recommendations to the Ministry of Health & Family Welfare, which were finally approved by Mr Azad.
Govt. Dental College & Hospital, Srinagar was already running two recognized Post Graduate Courses (MDS) with two seats annually in the speciality of Conservative Dentistry & Endodontics and Oral & Maxillofacial Surgery.
The College is running another MDS Course in the speciality of Periodontics and the necessary approval from the Ministry of Health & Family Welfare, Govt. of India has also been accorded to admit the next batch of students during the current academic year in the speciality of Periodontics. With this the total number of intake capacity in various branches of Dentistry has increased from 6 to 12, giving more opportunities for the residents of State of Jammu & Kashmir to pursue their studies further who otherwise have very limited options to do the same outside the State.
The authorities have accordingly taken-up the matter with the Board of Professional Entrance Examination to send the necessary list of students to be admitted against the above courses during the current academic year from the merit list which have already been issued.