43 [also SRO211 ] Compassionate Employment
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JAMMU, THE 22ND FEBRUARY,1994
SRO 43 :
In exercise of the powers conferred by section 124 of the Constitution
of Jammu and Kashmir , the Governor is pleased to make the following
Short title and commencement:-
- 1) These rules may be called the Jammu and Kashmir (Compassionate
Appointment Rules, 1994).
- 2) These rules shall be deemed to have come into force from the
24th day of Sepetember,1991.
Application of Rules:-These rules shall apply to the Compassionate
appointment of a person who is a family member of:-
- i. a Government employee who dies in harness other than due to
militancy related action;
- ii. a Government employee who dies as a result of militancy related
action and is not involved in militancy related activities;
- iii. a civilian who dies as a result of militancy related action
not involved in militancy related activities and total income of
the family from all sources does not exceed Rs.3,500/- per month
as assessed by the Revenue Officer not below the rank of an Assistant
- iv. a permanent resident Junior Commissioned Officer or non-Commissioned
Officer of the armed force or an Officer of equivalent rank of the
Para military force who is killed in action connected with law and
order duties within the State of Jammu and Kashmir or as a result
of enemy action on the line of actual control..
Explanation: For purposes of these rules:-
- a. `Armed Force' means Navy, Army, Air force;
- b. `Para Military Force' means a force constituted under any
law for the time being in force made by the Competent Legislature.
- c. `Permanent Resident' means a force resident of the State of
Jammu and Kashmir as defined under Section 6 of the Constitution
of Jammu and Kashmir;
- d. `Family member' means spouse, son, daughter, adopted son, adopted
daughter, sister or brother wholly dependent on the deceased.
Appointment under these Rules:-
Appointment in other cases:-
- 1) Notwithstanding anything contained in any rule or order for
the time being in force regulating the procedure for recruitment
in any service or posts under the Government, an eligible family
member of a person specified in rule 2 may be appointed against
a vacancy in the lowest rank of a non-gazetted service having qualification
above Matriculation or to a Class IV post if the candidate has read
upto Matric. Provided that the applicant is eligible and qualification
acquires eligibility and qualification within a period of six months
from the date of death of the deceased person specified by rule
- 2) Nothing in sub-rule (1) shall derogate from the powers of the
Government in General Administration Department to appoint at its discretion
a candidate to a higher post in the Non- Gazzetted service if he/she is a family
member of deceased government employee or a civilian killed in militancy related actions.
in respect of a family member of a Government employee who dies
in harness due to a cause other than militancy related action, shall
be made by the Head of the Department concerned; provided that:-
- i) where no post is available in the office or sub-ordinate
offices of the Head of the Department, the proposal for appointment
shall be submitted to the Administrative Department concerned
and where there is no post available in the Administrative Department
concerned also, the case shall be referred to General Administration
Department or appointment of the candidate in any other Department,
- ii) where any such appointment is to be made in relaxation
of rules, such cases shall be submitted to the General Administration
Department in coordination.
- 1) Appointment under these rules in respect of a member of the
family of a Government employee or a civilian who has died as result
of militancy related action or in respect of a family member of
the Officer of Armed Force or para military force, shall be made
by the General Administration Department in accordance with, the
procedure hereinafter prescribed.
- 2) A family member of a Government employee or a civilian who
dies as a result of militancy related action may apply for appointment
against any suitable vacancy to the Deputy Commissioner of the District
in which he or she resides. The Deputy Commissioner after making
such enquiry as may be necessary, may forward the case to the Government
in the General Administration Department through the Home Department
of his or her adjustment against a suitable vacancy in any Department
under the Government.
- 3) A family of a deceased member of armed force or para military
force who is eligible under these rules may apply for appointment
against a suitable vacancy to the Government in the Home Department
through the Commanding Officer of the unit in which the deceased
member of the armed force or para military force was last serving.
The Home department after determining the eligibility may forward
the case to the Government in the General Administration Department.
Grant of Scholarship. The Government may on the recommendations
of the Competent Authority grant suitable scholarship upto the tune
of Rs.100/- per month to the family members of a deceased employee
till such time as they pass matriculation examination. Such scholarship
shall be sanctioned by the Government in the education Department.
Power to relax:- The Government may relax the lower or upper
age limits or educational/technical qualification, as the case may
be in deserving cases. All such cases shall be processed through General
Administration Department in coordination.
Interpretation: If any question about the interpretation these
rules arises, the decision of the Government of the in General Administration
Department shall be final.
Repeal and savings:- The Jammu and Kashmir Appointment on
Compassionate Grounds Rules, 1991 are hereby repealed: Provided that
such repeal shall not:-
- a. affect the actions taken, orders issued or appointments made
under the rules so repealed ; or
- b. effect the revival of such cases as have been decided under
the said rules but fall within the ambit of these rules; or
- c. Affect the cases whether pending on the commencement of these
rules or the cases where death of the person specified in rule 2
occurred due to militancy related action prior to the commencement
of these rules and all such cases shall be dealt with in accordance
with the provisions of these rules.
By order of the Governor. Secretary to Government,
General Admn Department