Commodore D S Sodhi (Retd.)
Sodhidalbir7777@gmail.com
The Government of Jammu and Kashmir came up with an order on 22 Feb 1994 for Appointment on Compassionate grounds under SRO- 43. This was done keeping in mind the deaths of Government servants who die in harness whilst in service. The scheme also covered the cases of families affected due to militancy. A great initiative taken to give some solace to the effected families. The intent of the Government was made very clear by framing the rules to benefit the bereaved families. Rule 3(1) of the provision provided that the beneficiary of the deceased would be given a job as class IV employee or a Junior Assistant. However, Rule 3 (2) provided relief for beneficiaries who held higher qualifications .The concerned departments were directed to refer such cases to the Government (GAD) for consideration to a higher post.
The provisions were further amplified by SRO 177 issued on 20 June 2014 to address the concerns of those beneficiaries who were still pursuing higher studies at the time of death of their parents.This noble intent of the Government of Jammu and Kashmir was being followed with true spirit. However, subsequently the cases started being dealt with a cold shoulder wherein unprecedented delays and discrimination in terms of the posts offered started. This provision was further substituted by RAS (Rehabilitation Assistance Scheme) on 06 Sep 2022 making such appointments on compassionate grounds based on Relative Merit Point Assessment Scheme. The SRO- 43 provision was cancelled by this notification as per Rule 2. A mechanism was also worked out offering one time monetary grant of Rs five lacs to the beneficiary instead of a Job.
It is very important to bring out that this provision came into existence from 06 Sep 2022. Whereas, the cases of previous years fall under the purview of SRO- 43 and SRO-177.
Concern with regards to appointments on compassionate grounds have been regularly brought out by the families of those who died in harness and are eligible for appointment under such provisions. The Lieutenant Governer as well as the Chief Minister are well aware of this issue and have been vocal in advocating that the pending cases would be cleared soon . This has been going on for a long time. The numbers of cases that are pending with the parent departments where the deceased served or with GAD is well known to the Government. It is also a fact that beneficiaries have been running from pillar to post literally begging for clearance of their cases. The LG and the CM have expressed their sentiments on this sensitive issue giving repeated assurances. The CM as late as on 3 Dec 2025 whilst, attending a public meeting at convention centre Jammu wherein,, some appointment letters were given to beneficiaries clearly reiterated his Governments commitment to clearing the backlog of compassionate appointments under SRO-43 and the Rehabilitation Assistance Scheme on priority. The CM also stressed that compassionate appointments are not acts of favour but rightful entitlements under an established policy.
A number of cases as old as year 2020 (almost six years) under the provision of Appointment on Compassionate grounds are pending with the Government. In some cases where the beneficiaries are highly qualified they are being offered class IV Jobs totally in contravention of Rule 3(2) of SRO- 43. In the year 2017 one technically qualified (B Tech) beneficiary and in 2018 three similar beneficiaries under SRO- 43 were appointed as Junior Engineers by the GAD. Whereas, in one case in 2020 the beneficiary (whose father was a victim of COVID) with the same qualification was offered the class IV job of a Fitter. The beneficiary represented his case in the Central Arbitration Tribunal (CAT). The Hon’ble Court ruled in favour of the beneficiary and directed the Government to appoint him as a Junior Engineer. The State Government instead approached the High court of Jammu and Kashmir challenging the CAT order. The beneficiary again fought the case and the Hon’ble High Court dismissing the plea of State Government again ruled that he be appointed as a Junior Engineer. The State Government then approached the Supreme Court of India challenging the High Court ruling. The beneficiary again fought the case and after deliberations the Hon’ble Supreme Court also ruled in favour of the beneficiary and dismissing the plea directed the State Government to appoint him as a Junior Engineer.
It is indeed concerning that the Hon’ble Courts also pulled up the State Government on the discriminatory nature of making appointments wherein beneficiaries with same qualification have been treated differently.This approach of the state Government wherein at one end the Government claims to be helping the affected families and at the other end the aggrieved families have to undergo financial drain by being forced to take legal recourse is unfortunate. The beneficiaries have to spend huge amounts to fight the cases in the Courts and only a very few can afford this.
The role of the Government officials at the lower and higher levels needs to be positive and the cases need to be progressed under the ambit of the Government promulgated rules. The cases framed by the parent departments where the deceased served are to be carefully framed in line with the laid down provisions. Sometimes one gets the impression that the departments when approached even state that they are bound by their own recruitment policy. Rule 3 (2) of the SRO-43 clearly states that in cases where the beneficiary is technically qualified, His/her case should be referred to the GAD. Unfortunately, there have been slip ups on this. The Government needs to take an account of cases falling under SRO-43 on priority and issue appointments to the beneficiaries based on their technical qualification as has been provisioned in the Government approved and implemented Rules. Since the present dispensation has brought out that the appointments on such cases are not a favour but rightful entitlements, it is being submitted that a time bound addressal of these cases would be a sigh of relief for already aggrieved families who have lost their loved ones and bread earners. The LG and the CM through this column are requested to issue necessary directives for appointments of beneficiaries under these promulgated provisions.
The writer is former Deputy Assistant Chief of Integrated Defence Staff (IT)
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