STATE TIMES NEWS SRINAGAR: In a LPA filed by Hilal Ahmad Bhat and others are members of the Jammu and Kashmir Civil Secretariat (Non-Gazetted) Employees Union who are vitally interested in the subject matter of OWP no. 399/2019. They have stated that they are affected by the orders dated 01.04.2019 and 22.05.2019 passed in the writ petition which have been impugned by way of the present appeal. Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Rashid Ali Dar ordered that till the next date of hearing, there shall be a stay to the effect and operation of the order dated 01.04.2019 to the extent it directs stay of the election of office bearers of respondent No.3-Union. It is further directed that there shall be a stay of the order dated 22.05.2019 to the extent that it directs the official respondents to open the office of respondent No. 3-Union, till the next date of hearing. It is made clear that we have not expressed any opinion on the merits of the matter and have not stayed proceedings in the writ petition. It is worthwhile to mention here that on April 1, 2019, Writ Court in a petition filed by Ghulam Rasool Mir and others who filed a petition In terms of resolution dated 14.08.2017 respondent no. 3 has sought inclusion of members of the J&K Secretariat (Gazetted) Service-I & II as members of the “J&K Civil Secretariat Employees Association” on the strength that the petitioners/members in J&K Secretariat (Gazetted) Service-I & II are not members of any employees’ association, thus their genuine demands/issues are not being represented through any of the employees’ association, which sometimes remain unsettled/unaddressed. The resolution dated 14.8.2017 has also sought change of nomenclature of the “J&K Civil Secretariat Non-Gazetted Employees Union” as “J&K Civil Secretariat Employees Association”. It is submitted that the Union has further resolved that the existing term be extended up to five years and the promoted officers be also included under the ambit of the J&K Civil Secretariat Union. It is submitted that on 13.3.2019 the respondents 1 and 2 were apprised about the expiry of the term of the office bearers being two years as such sought the approval for the resolution dated 14.8.2017 so that the rules of the Union are amended and the members of the J&K Secretariat (G) Services I & II (feeding services) be also included in the members of the Union. It is submitted that the petitioners were members and office bearers of the Union but consequent upon their promotion as gazatted officers-I, the petitioners have seized to be members of the Union. It is submitted that the petitioners as office bearers of the Union served the tenure which is now sought to be enhanced to five years. Writ Court directed subject to objections till next date of hearing before the Bench, the respondents 1 and 2 are directed to take decision on the resolution of J&K Civil Secretariat (Non-Gazetted) Employees Union dated 14.08.2017, so as to allow the Union to change the nomenclature and include members of J&K Secretariat (Gazetted) Service-I&II as members of the Union. It is further provided that no election of respondent No.3-Union shall be conducted notwithstanding issuance of any notification for such election till further orders from this Court.
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