Modalities in respect of PSUs, Corpns to be worked out within one year
New mechanism won’t impact services rendered so far
Mohinder Verma
JAMMU, Aug 7: The employees serving on substantive basis in connection with the affairs of the existing State will be asked to give option for serving either in Union Territory of Jammu and Kashmir or Union Territory of Ladakh. However, modalities in respect of employees of State Public Sector Undertakings, Corporations and other autonomous bodies will be worked out within a period one year.
This has been explained in the Jammu and Kashmir Reorganization Bill, 2019, which has been passed by Rajya Sabha as well as Lok Sabha and awaits assent of the President of India Ram Nath Kovind.
Section 89(1) of the Bill, which deals with provisions relating to services other than All India Services, reads: “Every person who immediately before the appointed day is serving on substantive basis in connection with the affairs of the existing State of Jammu and Kashmir shall, on and from that day provisionally continue to serve in connection with the affairs of the Union Territory of Jammu and Kashmir and Union Territory of Ladakh, by general or special order of the Lieutenant Governor of Union Territory of Jammu and Kashmir”.
“Provided that every direction under this Sub-Section issued after the expiry of a period of one year from the appointed day shall be issued with the consultation of the Government or Administration of the successor Union Territories as the case may be”, Section 89(1) further reads.
The Sub-Section 2 of Section 89 states: “As soon as may be after the appointed day, the Lieutenant General of Jammu and Kashmir shall, by general or special order, determine the successor Union Territory to which every person referred to in the Sub-Section 1 shall be finally allotted for service, after consideration of option received from the employees and the date with effect from which such allotment shall take effect or be deemed to have taken effect”.
Even after making of the allocation, the Lieutenant General of Union Territory of Jammu and Kashmir may, in order to meet any deficiency, depute officers from one successor Union Territory to other Union Territory.
As per Sub-Section 3 of Section 89, every person, who is finally allotted under the provisions of Sub-Section 2 to a successor Union Territory, shall be made available for serving in the successor Union Territory from the date as may be agreed upon between the Government of the successor Union Territory of Jammu and Kashmir and Administration of Union Territory of Ladakh.
Section 90(1), which deals with other provisions relating to services, states: “Nothing in this Section or in Section 89 shall be deemed to effect, on or after the appointed day, the operation of the provisions of Chapter 1 of Part XIV of the Constitution in relation to determination of the conditions of service of persons serving in connection with the affairs of the Union Territory”.
The conditions of service applicable immediately before the appointed day in the case of any person deemed to have been allocated to the Union Territory of Jammu and Kashmir or Union Territory of Ladakh shall not be varied to his disadvantage except with the previous approval of the Lieutenant Governor.
The new mechanism would not impact the services rendered by the employees so far and this can be gauged from Sub-Section 2 of Section 90, which states: “All the services rendered by a person prior to allocation to any Union Territory shall be deemed to have been rendered in connection with the affairs of that Union Territory for the purposes of rules regulating his condition of service”.
Every person, who immediately before the appointed day, is holding or discharging the duties of any post or office in connection with the affairs of the State in any area which on that day falls within one of the successor Union Territory shall continue to hold the same post or office in that successor Union Territory and shall be deemed, on and from that day, to have been duly appointed to the post or office.
However, this doesn’t prevent the competent authority from passing in relation to such person any order affecting the continuance in such post or office, Section 91 clarifies.
As far as employees of the State Public Sector Undertakings, Corporations and other autonomous bodies, the Section 92 States: “On and from the appointed day the employees shall continue to function in such Undertakings, Corporations or autonomous bodies for a period of one year and during this period the corporate body concerned shall determine the modalities for distributing the personnel between the successor Union Territories”.
Moreover, Public Service Commission will continue to make appointments for gazetted services in the Union Territory of Jammu and Kashmir and Services Selection Board in respect of non-gazetted services.
Follow our WhatsApp channel
