Srinagar: After opening up various categories of jobs in J&K to people from across India and reserving lowest grade posts for the domicile on March 31, the central government on Friday evening announced a new order to keep even higher and middle-rung posts reserved for the J&K people defined in the earlier order.
The new order—Jammu and Kashmir Re-Organisation (Adaptation of State Laws) Second Order, 2020—was issued on Friday evening and directs for insertion of “(i) is a domicile of Union territory of Jammu and Kashmir” before “(ii)” of section 8 in the erstwhile state cadre posts in the Jammu and Kashmir Civil Services (Decentralization and Recruitment) Act.
On Wednesday, GoI issued the Jammu and Kashmir Reorganisation (Adaptation of State Laws) Order, 2020 by virtue of which Level IV jobs had been reserved for people with domicile status – as per their definition in the order while other non-gazetted and gazetted jobs were opened for people from across the India.
“(i) is a domicile of Union territory of Jammu and Kashmir” was omitted in the first order issued on March 31.
In sub-section (1) of Section 3A, the second-order omits “deemed to be” and “carrying a pay scale of not more than Level-4 (25500)”.
In sub-section (2) of section 3A, the second-order omits “deemed to be” and in clause (a), for “have served” has been substituted by “shall have served”. In Section 5 of the amended legislation, the 2nd order substitutes “any post” for “a post carrying a pay scale of not more than Level-4 (25500)”.
The second order was issued two days after the notification of domicile rules for J&K which had Jammu unit of the BJP worried and upset.
The local unit had flagged these concerns with the party’s national leadership and also with Union Home Minister Amit Shah.
The notification, which came out on Wednesday defines rules for claiming domicile and access to reserved government jobs for the people of the J&K.
The Ministry of Home Affairs’ reply to a parliamentary panel on February 18 stated that there were over 84,000 vacancies in J&K, of which 22,078 vacancies pertained to Class IV jobs, 54375 to non-gazetted and 7552 vacancies in gazetted category.
MINISTRY OF HOME AFFAIRS
(Department of Jammu, Kashmir and Ladakh Affairs)
ORDER
New Delhi, the 3rd April, 2020
S.O. 1245(E).—In exercise of the powers conferred by section 96 of the Jammu and Kashmir
Reorganisation Act, 2019 (34 of 2019), and of all other powers enabling it in that behalf, the Central
Government hereby makes the following Order in respect of the Union territory of Jammu and Kashmir,
namely:—
1. (1) This Order may be called the Jammu and Kashmir Reorganisation (Adaptation of State Laws)
Second Order, 2020.
(2) It shall come into force with immediate effect.
2. The General Clauses Act, 1897 applies for the interpretation of this Order as it applies for the
interpretation of laws in force in the territory of India.
3. With immediate effect, the Act mentioned in the Schedule to this Order shall, until repealed or amended
by a competent Legislature or other competent authority, have effect, subject to the adaptations and
modifications directed by the Schedule to this Order.
1. THE JAMMU AND KASHMIR CIVIL SERVICES (DECENTRALIZATION AND
RECRUITMENT) ACT
(Act No.XVI of 2010)
Section 3A. –– (i) In sub-section (1): ––
(a) omit ―deemed to be‖ and ―carrying a pay scale of not more than Level-4
(25500)‖; and
(ii) in sub-section (2) :-
(a) omit ―”deemed to be”; and
(b) in clause (a), for ―”have served” substitute ―”shall have served”
Section 5A. –– for ―”a post carrying a pay scale of not more than Level-4 (25500)” substitute ―”any post”
Section 8. –– before clause (ii), add:-
“(i) is a domicile of Union territory of Jammu and Kashmir”
