Jammu, Sep 7: The Lieutenant Governor Manoj Sinha led-Union Territory government has notified Jammu and Kashmir Rehabilitation Assistance Scheme (JKRAS), 2022 for the dependent family members of its regular employees in place of “Compassionate Appointment Rules” so far in vogue.
The Scheme will apply to the dependent family member of a government employee who dies in harness; retires on invalid pension; dies as a result of militancy related action or due to enemy action on the Line of Control or International Border within Jammu and Kashmir and is not involved in militancy related activities.
It will cover only a government servant appointed on a regular basis and not one working on daily wage or casual or apprentice or ad-hoc or contract or re-employment basis.
However the application for compassionate appointment or monetary compensation online under the Jammu and Kashmir Rehabilitation Assistance Scheme, 2022 on the designated portal will not be considered, if the same is not made within one year of the death or retirement on invalid pension of the government servant.
The scheme, which would be deemed to have come into force from September 6, 2022, has been approved by the Lieutenant Governor in exercise of the powers conferred by Article 309 of the Constitution of India.
With its enforcement, the Jammu and Kashmir (Compassionate Appointment) Rules, 1994, as amended from time to time, get repealed.
However, as per the notification issued by GAD Secretary Dr Piyush Singla, the repeal of J&K Compassionate Appointment Rules, 1994 will not affect the action taken, orders issued or appointments made under these rules. It will also not affect the revival of such cases, as have been decided under the said rules, but fall within the ambit of this Scheme (JKRAS).
Further, the repeal will not have any effect on the cases, whether pending on the commencement of this Scheme or the cases where death of the person specified in rule 2 of the Jammu and Kashmir Compassionate Appointment Rules, 1994 has occurred prior to the commencement of this Scheme and all such cases will be dealt with in accordance with the provisions of these rules viz. Jammu and Kashmir (Compassionate Appointments) Rules, 1994, as amended from to time.
Under the Scheme, the “dependent family member” would mean spouse; or son or daughter (including adopted son or daughter as permissible under law and brother or sister, in the case of an unmarried government servant, who was wholly dependent on him (government servant).
Administrative Secretary General Administrative Department (GAD) will be competent authority to make compassionate appointments and grant monetary compensation under this Scheme.
Besides, the Lieutenant Governor through Chief Secretary in coordination, as per the procedure for transaction of Government Business in the Union Territory of Jammu and Kashmir will be the competent authority for making compassionate appointments in the cases where relaxations are involved.
Under the Scheme, the appointments can be made only against the posts for Multi Tasking Staff or equivalent or lowest non-Gazetted cadre posts in the Department. To claim for these compassionate appointments, the dependent family member of the employee should be eligible and suitable for the post in all respects under the provisions of the relevant Recruitment Rules.
Applicant, who is a Graduate or having higher qualification, can also be considered for appointment against a lowest non-gazetted post or MuIti Tasking Staff post notwithstanding the bar on higher qualification prescribed in the extant Rules. He or she (applicant) will be assessed with regard to the Relative Merit Points Assessment Scheme (RMPAS) on a 100 point scale and will be required to meet the standards laid down for compassionate appointment with regard to RMPAS.
The Scheme also provides that if the applicant fulfils the eligibility criteria prescribed in this Scheme for compassionate appointment into the Government service and is considered for compassionate appointment under this Scheme, he or she will have the option to refuse the appointment. In case, the applicant chooses to do so, he or she will be entitled to a monetary compensation of Rs 5 lakh in lieu of appointment on compassionate grounds in the Government service.
The dependant, who does not meet the standards laid down for compassionate appointment to the government service with reference to RMPAS will be considered for grant of monetary compensation. The dependents of the deceased employees will be paid monetary compensation of Rs 5 lakhs. The liability to pay compensation on the part of the government would arise from the date of the order passed by the authority competent to sanction the monetary compensation, the notification specified.
As a part of this Scheme, the government may also support the application of the dependents, if he/she so requests, under various self employment or government sponsored employment generating schemes to the banks for obtaining credit as per the laid down norms for setting up a manufacturing unit or a trading venture. These compassionate appointments are exempted from Recruitment procedure i.e. recruitment on the basis of recommendations of the Service Selection Board or any other recruiting agency.
Upper age and educational qualification prescribed in the relevant Recruitment Rules may be relaxed wherever found to be necessary. The lower age limit shall, however, in no case be relaxed below 18 years of age. The powers of relaxation of upper age shall vest with the Lieutenant Governor through Chief Secretary in coordination, it has been clarified.
Age eligibility will be determined with reference to the date of application and not the date of appointment.
Appointment on compassionate grounds will be made only on a regular basis and that too only, if regular vacancies meant for that purpose are available and will be made in a centralized manner in the General Administration Department. GAD will every year hold back up to 5 percent of vacancies in the categories across all the departments to be filled by direct recruitment through J&K Services Selection Board or otherwise, so as to fill such vacancies by appointment on compassionate grounds.
The vacancies against which compassionate appointments can be considered under this Scheme will be computed every year as on the first January of the year in which compassionate appointments are to be made. In case, eligible applicants may exceed the posts available in a given quarter, their list will be carried forward to the next quarter and the applicants considered against the posts available in that quarter up to and including the fifth year from the date of application submitted by the applicant after which he or she will be delisted.
The unfilled vacancies in a year shall be carried forward to the next year and shall be available for appointment on compassionate grounds under this Scheme. 5 percent of the total vacancies identified for compassionate appointments in a particular year will be available for consideration in relaxation of rules with the approval of Chief Minister/Lieutenant Governor through Chief Secretary in Coordination.