Article 308 of CoI : Article 308: Interpretation.
CoI
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Explanation using Example
Example 1:
Scenario: A government employee working in the state of Maharashtra is transferred to a central government position. He wants to know if the rules and regulations under Part XIV of the Constitution of India apply to him.
Explanation: According to Article 308, the term "State" in this part does not include the State of Jammu and Kashmir. Therefore, the rules and regulations under Part XIV apply to all states except Jammu and Kashmir. Since the employee is in Maharashtra, these rules and regulations are applicable to him.
Example 2:
Scenario: A civil servant in the state of Jammu and Kashmir is seeking clarification on whether the provisions under Part XIV of the Constitution of India apply to his service conditions.
Explanation: As per Article 308, the term "State" does not include the State of Jammu and Kashmir in this part of the Constitution. Therefore, the provisions under Part XIV, which deal with services under the Union and the States, do not apply to civil servants in Jammu and Kashmir. The civil servant would need to refer to the specific laws and regulations applicable to Jammu and Kashmir.