Srinagar, Jun 19 (GNS): Jammu and Kashmir government on Saturday asked administrative departments not to “exclude” officers and officials working in Ladakh for promotions, underlining that the same was not “legally viable”.
“It has been observed that some administrative departments are issuing promotion orders in respect of officers/ officials presently working in the Union territory of Jammu & Kashmir excluding employees who are continuing to serve on the corresponding post in the Union territory of Ladakh after reorganization of erstwhile State of Jammu and Kashmir,” reads a circular issued by Manoj Kumar Dwivedi (IAS), Commissioner/ Secretary to the Government.
“The Issue has also been raised in the meeting of the Committee constituted by Ministry of Home Affairs, Government of India, to ensure the time bound apportionment of assets and liabilities between Union territory of Jammu & Kashmir and Union territory of Ladakh,” the circular, a copy of which lies with GNS, noted. .
In terms of Jammu and Kashmir Reorganization Act, 2019, the circular underlined the officers/ officials who are provisionally continuing to serve in connection with the affairs of Jammu & Kashmir and Ladakh are to be considered for promotions as per eligibility, by the Jammu and Kashmir, notwithstanding allocation of posts to the Ladakh against the combined cadre strength, vacancies till final apportionment of employees, as per the options received in terms of the Act.
“Any such promotions effected with exclusion of employees serving in the Union territory of Ladakh, pending final allocation of Union territory to them, are in contravention to the provisions of Jammu and Kashmir Reorganization Act, 2019 and hence not legally viable. Such promotions need to be reviewed accordingly,” the circular reads.
Accordingly, all the Administrative Departments are advised to take note of above rule position and consider the employees continuing their services in the Ladakh, for grant of promotions against combined cadre strength and seniority, till final allocation of employees of the erstwhile State of Jammu and Kashmir is made by the Competent Authority in terms of the Jammu and Kashmir Reorganization Act, 2019, the circular said.
“The promotions made, if any, by exclusion of employees serving serving in the Union territory of Ladakh be reviewed immediately, being voilative of rules,” it added. (GNS)