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SRO 43 [also SRO211 ] Compassionate Employment

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NOTIFICATION 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 rules, namely:-

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 Commissioner;
  • 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:-

  • 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.
  • 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. These rules 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, or
    • 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.
Appointment in other cases:-

  • 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

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