SC judgments, GoI scheme to be suitably factored in Rules
Vacancies to be reserved for settlement of SRO-43 cases
Mohinder Verma
JAMMU, Aug 17: Government of Union Territory of Jammu and Kashmir is shortly going to carry out amendments in the Compassionate Appointment Rules in the light of judgments of Supreme Court and a more rational and structured scheme being followed at the Government of India level. Moreover, vacancies to be reserved in the each department for settlement of such cases in a time bound manner.
Official sources told EXCELSIOR that few days back Chief Secretary of Union Territory of Jammu and Kashmir Dr Arun Kumar Mehta reviewed the implementation of SRO-43 of 1994 with Principal Secretary to the Government, Home Department, Commissioner Secretary, General Administration Department and Secretary, Department of Law, Justice and Parliamentary Affairs.
The Chief Secretary was apprised about SRO-43, amendments made during the intervening period as also the status of cases under SRO-43 pending in the General Administration Department and Home Department.
The issue of determination of ‘element of compassion’ in SRO-43 cases was discussed in detail and the Chief Secretary was apprised about the ‘point based relative merit scheme’ being followed in the Government of India, which is a more structured and rational process, sources informed, adding during the discussion the need of implementing the Apex Court judgments on compassionate appointment in Government service was felt.
Accordingly, it was decided to review the entire process of compassionate appointment by factoring in the Apex Court judgments in the Rules. The task has been assigned to a committee comprising Principal Secretary, Home Department, Commissioner Secretary, General Administration Department and Secretary, Law, Justice and Parliamentary Affairs Department.
The committee will revisit SRO-43 and suggest amendments in the Compassionate Appointment Rules. “Peculiar circumstances of J&K where special consideration has to be given to the cases of martyrs and practice followed in the Government of India will be kept in consideration while framing the report”, sources informed.
The committee will also propose time period within which applications under SRO-43 will be considered and an exception will be made for settlement of cases of martyrs while prescribing the time limit. The committee will furnish its recommendations within a period of 30 days soon after its formal constitution by the General Administration Department which is expected within a day or two.
It has also been decided that General Administration Department will obtain data on appointments made under SRO-43 during the last 10 years and based on the data, propose a fixed percentage of vacancies to be reserved in each department for settlement of SRO-43 cases taking into account the Government of India norms.
For effective monitoring of SRO-43 cases in a time bound manner, Information Technology Department, in consultation with General Administration Department, will develop a Management Information System (MIS) for monitoring/tracking SRO-43 cases at Union Territory, Divisional and District Level. Moreover, GAD will monitor implementation of SRO-43 cases across the UT.
About the provisions under SRO-43 which allow appointment for Next of Kin of civilians who got killed in militancy related incidents, the Chief Secretary is of the opinion that this provision may not be strictly in consonance with the Apex Court judgments on compassionate appointment as such committee will explore the possibility of restricting this provision to financial assistance in such cases.
As far as pending cases under SRO-255, which pertains to the compassionate appointment of Next of Kin of police martyrs, is concerned, the Chief Secretary directed that all the cases under this SRO which are clear be disposed of expeditiously.
In the meeting, the GAD gave a detailed account of the cases pending under SRO-376 and informed that of the 123 cases, 43 cases have been settled while 58 cases are under process and 22 cases have been returned to the Home Department. The import of SRO-376 was discussed in detail and a view emerged that ‘element of compassion’ in all these cases need to be re-assessed.
Accordingly, pending cases under SRO-376 shall be returned by the General Administration Department to the Home Department immediately for further action. Even instructions were issued for re-assessment of ‘element of compassion’ in respect of cases pending under SRO-120.
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