Need to close old cases in view of new scheme: CS
JAMMU, Jan 31: Government of Union Territory of Jammu and Kashmir has directed the departments to decide all pending cases of Jammu and Kashmir (Compassionate Appointments) Rules, 1994 (commonly known as SRO-43) expeditiously. With this, hundreds of files will finally see disposal on merits and dependents of the deceased Government servants will get clarity about the fate of their applications submitted long time back.
Official sources told EXCELSIOR that hundreds of cases are pending with different Government departments for disposal under Jammu and Kashmir (Compassionate Appointments) Rules, 1994 for disposal during the past quite long time. Moreover, large number of cases are also under consideration in the General Administration Department, which was approached by different departments for relaxation of Rules in order to provide compassionate appointments.
Recently, the issue came up for discussion in a high-level meeting chaired by the Chief Secretary Dr Arun Kumar Mehta and accordingly the Chief Secretary directed all the departments to ensure that all cases pending under SRO-43 be decided expeditiously as already new scheme has replaced Jammu and Kashmir (Compassionate Appointments) Rules, sources said, adding “because of notification of new scheme all cases pending under SRO-43 need to be brought to the closure”.
The new scheme namely J&K Rehabilitation Assistance Scheme, 2022 was notified on 6th September 2022 by the General Administration Department on the directions of the Lieutenant Governor and in exercise of the powers conferred by Article 309 of the Constitution of India.
“Though the new scheme has repealed the Jammu and Kashmir (Compassionate Appointments) Rules, 1994 yet there is a provision for disposal of cases which were received prior to notification of J&K Rehabilitation Assistance Scheme under the previous SRO”, sources said, adding “the repeal doesn’t affect the action taken, orders issued or appointments made under Jammu and Kashmir (Compassionate Appointments) Rules, 1994”.
Moreover, the repeal of earlier scheme doesn’t affect the cases whether pending on the commencement of new scheme or the cases where death of the person(S) occurred prior to the commencement of new scheme as a result of which all such cases are required to be dealt with in accordance with the provisions of J&K (Compassionate Appointments) Rules, 1994 as amended from time to time.
With the directions of the Chief Secretary, hundreds of files will finally see disposal and dependents of the deceased Government servants will get clarity about the fate of their applications submitted long time back, sources said while disclosing that exercise to dispose of pending SRO-43 cases has been initiated in almost all the departments and Chief Secretary’s office is receiving regular updates in this regard from the concerned departments.
The Jammu and Kashmir Rehabilitation Assistance Scheme 2022 is applicable to the dependent family member of a Government employee who dies in harness, retires on invalid pension and dies as a result of militancy related action or due to enemy action on the Line of Control/ International Border within Jammu and Kashmir and is not involved in militancy related activities.
The dependent family member includes spouse or son/daughter (including adopted son/daughter as permissible under law), brother or sister in case of an unmarried Government servant who was wholly dependent on the Government servant. The scheme is applicable to the Government servant appointed on regular basis and not one working on daily wage or casual or apprentice or adhoc or contract or reemployment basis.
Administrative Secretary, General Administration Department is the competent authority to make compassionate appointments and grant monetary compensation under this scheme while as Lieutenant Governor, through Chief Secretary, is competent authority for making compassionate appointments in the cases where relaxations are involved.
Multi-tasking staff or equivalent or lowest non-gazetted cadre posts in the department have been identified for making such appointments. Subject to the availability of a vacancy in case of compassionate appointment, an application is required to be considered and disposed off under the new scheme as far as possible within a year of the receipt of application and the decision taken on merit in each case.