Jammu & Kashmir High Court – Srinagar Bench
Mumtaza Akhter vs Sher-I-Kashmir International; … on 3 July, 2025
Author: Vinod Chatterji Koul
Bench: Vinod Chatterji Koul
S. No. 7
Regular Cause List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
WP(C) No. 168/2025
CM No. 1572/2025
Reserved on: 20.05.2025
Pronounced on: 03.07.2025
Mumtaza Akhter ...Appellant/Petitioner(s)
Through: Mr. Nissar Ahmad Bhat, Advocate
Vs.
Sher-i-Kashmir International; Convention ...Respondent(s)
Centre (SKICC)
Through: Mr. Mohsin Qadri, Sr. AAG with Ms. Nadia Abdullah, assisting counsel for R-1
Mr. Avtar Singh Sodhi, Advocate for R-2
Mr. Sheikh Mushtaq, Advocate
CORAM:
HON'BLE MR JUSTICE VINOD CHATTERJI KOUL, JUDGE
JUDGEMENT
1. Petitioner is aggrieved of Order No.84-SKICC of 2024 dated
17.10.2024, whereby sanction has been accorded to the temporary
appointment of respondent No.3, Ms. Zeenath Rashid D/o Late Abdul
Rashid Wani R/o Gogoo Chek Budgam, as Office Assistant/Typist, in
the pay scale of Rs.5200-20200, revised to level-2 (19900-63200 GP
1900), in SKICC under SRO 43 of 1994 and seeks quashing thereof.
2. Briefly stated, the facts leading to filing of instant petition are that the
petitioner was initially appointed as Daily Wager on 01.04.1994 and
regularized retrospectively w.e.f. 01.04.2001 vide order dated
06.12.2013. The petitioner, in terms of order dated 30.12.2017, was
confirmed and posted as Dak Runner and was figuring at S. No.1 as
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being the senior most among all the regularized Helpers. She for last
31 years remained stagnant and was not promoted as she was not
regularized in time, as such, requested for considering her for next
promotion and also for time bound promotion. It is averred in the
petition that the petitioner being borne on the strength of SKICC and
after rendering more than 31 years of unblemished service is presently
working as Dak Runner falling under Category 11, Class-1 and is to
be promoted as Jamadar (Category 10 Class 1) after 05 years and after
06 years as Dispatch Clerk/Record Keeper (Category 9 Class 1) and
thereafter as Office Assistant (Category 8 (a) Class 1) as the petitioner
is due to be promoted as Office Assistant having completed 05 years
in 2006 and more than 06 years in 2012 and being senior most
figuring at S. No.1 is due to be promoted 12 years back to the post of
Office Assistant, but was not promoted and was kept awaited more
particularly after 2013 when she was regularized w.e.f. 2001.
3. It is also averred in the petition that petitioner was surprised to see the
impugned order in terms whereof respondent No.3 came to be
appointed as Office Assistant under J&K Compassionate
Appointment Rules 1994 (for short “Rules of 1994”) in place of her
father, who was working as Helper and was regularized w.e.f. 2007
and was figuring at S. No.30. The post of Office Assistant is the
promotional post of the petitioner and appointment of respondent
No.3 against the said post amounts to taking away the promotional
post avenue of the petitioner when respondent No.3 could not be
appointed against the said post as according to Rule 4 of J&K
Rehabilitation Assistance Scheme, 2022 (for short “Scheme of 2022”)
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the person came be appointed against the Multi-Tasking Staff, or
equivalent or against the lowest Non-Gazetted Cadre Post besides
under Rule 18, the Rules of 1994 have been repealed w.e.f. 6th
September 2022, but in the present case, respondent No.3 has been
wrongly appointed under the Rules of 1994 against a higher post,
thereby infringing upon the promotional rights of the petitioner.
4. Respondents 1 & 2 in their objections have stated that the petitioner
has relied upon S.O. 429 of 2022 – Scheme of 2022, to challenge the
appointment of respondent No.3, while conveniently ignoring the
proviso attached to the said scheme, which clearly states that cases
pending at the time of enforcement of the Scheme of 2022 or cases
where the death of the deceased employee occurred prior to its
commencement shall be governed by the Rules of 1994. The father of
respondent No.3 has passed away on 11.09.2018, making his case
squarely covered under the Rules of 1994. It is also stated in the
objections that petitioner has failed to establish how the appointment
of respondent No.3 infringes upon any of her rights. The petitioner is
presently holding the post of Dak Runner and under the applicable
Recruitment Rules, her next promotional avenue is to the post of
Jamadar, not to the post of Officer Assistant, against which
respondent No.3 has been appointed. It is stated that the appointment
of respondent No.3 has been made in strict adherence to the Rules of
1994, which were applicable at the time of consideration. Therefore,
the petitioner has no locus standi to file the instant writ petition, as she
has neither been personally affected by the impugned order nor has
any of her fundamental rights been violated.
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5. Respondent No. 3 in his objections has stated that petitioner’s case is
solely based on S.O. 429, called as Jammu and Kashmir rehabilitation
Assistance Scheme, 2022, in that the petitioner claims that in terms of
the Scheme of 2022, the appointment on compassionate basis can be
made only against the post of multi-tasking staff or against the lowest
non-gazzetted Cadre post because the Rules of 1994 stands repealed
w.e.f. 2022. This plea of petitioner, according to respondent no.3, is
misplaced and based on misrepresentation of facts inasmuch as the
Scheme of 2022 has a repealed provision as well. In terms of the
proviso attached thereto, the cases which were pending on the
commencement of the Scheme of 2022, or the cases where the death
of a person specified in Rule 2 of the Rules of 1994, occurred prior to
commencement of the Scheme of 2022, all such cases shall be dealt in
accordance with the provisions of the Rules of 1994. It is also stated
that father of respondent No.3 has died on 11.09.2018, therefore, the
Scheme of 2022 has no application to the case of the respondent No.3.
The petitioner has no right of promotion or right of consideration for
promotion against the post on which the private respondent has been
appointed. The petitioner is simply a “Dak Runner” and yet to be
considered for higher post which is “Jamadar” then “Dispatch Clerk”
and then, if at all, she is found eligible, she could be considered for
promotion against the post in question, against which the private
respondent has been appointed. The admitted position clearly reflects
that the petitioner has no locus to assail the order of appointment of
respondent No.3.
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6. Heard learned counsel for the parties and perused the material on
record.
7. It is argued by learned counsel for the petitioner that the appointment
order of respondent No.3 does not disclose the date of death of her
father. It is also argued by him that that the Rules of 1994 are neither
applicable to the case of petitioner nor respondent No.3 could be
appointed directly to the promotional post.
However, it is argued by learned counsel for the respondent
No.3 that the Rules of 1994 are applicable to the case of respondent
No.3 and there is no restriction with regard to compassionate
appointment directly to the promotional post. It is also argued by him
that the appointment of respondent No.3 does not affect the
petitioner’s promotional right as the petitioner is a Dak Runner and
after getting three promotions, she could be considered for promotion
against the post of Office Assistant to which respondent No.3 has
been appointed.
8. Father of respondent no.3 died on 11.09.2018. Obviously, therefore,
the case of respondent no.3 might have been processed immediately
thereafter. Then SRO 43 of 1994, viz. Rules of 1994 were in vogue
and, therefore, had to be applied to the case of respondent no.3
inasmuch as there was no occasion to say that the Scheme of 2022 had
to be applied, which was not possible. The Scheme of 2022 has come
into force from 6th day of September 2022. Therefore, the plea of
petitioner that the Scheme of 2022 was to be applied to the case of
respondent no.3 for appointment on compassionate grounds is absurd
and rejected, as such.
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9. Petitioner has thrown challenge to appointment of respondent no.3 to
the post of Office Assistant by making exclusive reference and
reliance to the Scheme of 2022. When petitioner moved/filed writ
petition, it placed on record copy of Scheme of 2022 as Annexure VII;
the last page of the Scheme of 2022 annexed with writ petition is at
page no.65, which contains only the following words:
“18. Repeal and Savings:
The Jammu and Kashmir (Compassionate Appointment)
Rules, 1994, as amended from time to time, are hereby
repealed:”
10. The important part of Clause 18 of the Scheme of 2022 has not been
annexed with writ petition as it is “Proviso to Clause 18” and,
therefore it would be apt to reproduce Clause 18 in full hereunder:
“18. Repeal and Savings:
The Jammu and Kashmir (Compassionate Appointment) Rules,
1994, as amended from time to time, are hereby repealed:
Provided that such repeal shall not–
a. affect the action taken, orders issued or appointments made
under the rules so repealed; or
b. affect the revival of such cases, as have been decided under the
said rules, but fall within the ambit of this Scheme; or
c. affect 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
Appointments) Rules, 1994, as occurred prior to the
commencement of this Scheme and all such cases shall be
dealt with in accordance with the provisions of these rules
viz. Jammu and Kashmir (Compassionate Appointments)
Rules, 1994, as amended from time to time.”
11. Proviso to Clause 18 of the Scheme of 2022 provides that repeal shall
not affect the action taken, orders issued or appointment made under
the rules so appealed, viz. SRO 43/Rules of 1994. It also provides
that the Scheme of 2022 shall not affect revival of such cases as have
been decided under the Rules of 1994 but fall within the ambit of
Scheme of 2022. It also in clear cut terms provides that the Scheme of
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2022 shall not affect the cases whether pending on the commencement
of the Scheme of 2022 or the cases where death of the person
specified in Rule 2 of the Rules of 1994, as occurred prior to
commencement of the Scheme of 2022, and all such cases are to be
dealt with in accordance with the provisions of the Rules of 1994.
12. As is evident from plain reading of Proviso to Clause 18 of the
Scheme of 2022, if there had been any compassionate appointment
case pending which was to be considered and decided under and in
terms of Rules of 1994, at the time when the Scheme of 2022 came
into force, such a case was still to be considered in terms of earlier
Rules, viz. Rules of 1994, and not in terms of the Scheme of 2022. As
already noticed and held that case of respondent no.3 falls under the
purview of the Rules of 1994 and not the Scheme of 2022.
13. The matter does not clinch here. An attempt, ostensibly deliberate and
intentional one, has been made by petitioner while filing writ petition
because he has not enclosed with his writ petition the last page of the
Scheme of 2022, which comprises of “Proviso to Clause 18” as
quoted above. The reason for not annexing last page of the Scheme of
2022 with writ petition, ostensibly, was/is that petitioner would be
able to show and say that the Rules of 1994 have been repealed in
terms of the Scheme of 2022 and, therefore, the case of respondent
no.3 falls under the Scheme of 2022 and respondent no.3 could not
have been appointed to the post in question under and in terms of the
Scheme of 2022.
This fact is also evident from the contents of the writ petition as
it is petitioner’s firm stand that case of respondent no.3 is squarely
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covered by Scheme of 2022. It is in the backdrop of above fact
situation that petitioner has been able to obtain Order dated
05.02.2025, by virtue of which, order no.84-SKICC of 2024 dated
17.10.2024 has been stayed.
14. Respondents 1&2 have filed Objections on 07.03.2025 after
furnishing advance copy to counsel for petitioner on 06.03.2025.
Insofar as respondent no.3 is concerned, she has filed objections on
05.03.2025 after furnishing advance copy thereof to counsel for
petitioner on 04.03.2025.
15. Learned counsel for respondent no.3 has even filed an application for
vacation of order dated 05.02.2025 on the ground that petitioner has
suppressed and concealed the material facts by not annexing the
Proviso to Clause 18 of the Scheme of 2022. There is substance in the
application. All that has been stated and submitted by respondent no.3
in her application cannot be ignored or overlooked.
16. After going through the objections of respondents, the petitioner
immediately made an effort to show that non-enclosing of last page of
the Scheme of 2022 was due to oversight. However, such an excuse is
not condonable.
17. It may be mentioned here that there is difference between Rules of
1994 (SRO 43 of 1994) and the Scheme of 2022. For ready reference
SRO 43 of 1994 (Rules of 1994) is reproduced as under:
“GOVERNMENT OF JAMMU AND KASHMIR
GENERAL ADMINISTRATION DEPARTMENT.
Notification
Jammu, the 22nd February, 1994SRO-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 :-
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1. Short title and commencement. — (l) 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 September, 1991.
2. 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 or due to enemy action on the line of Actual
Control/International Border within the State of Jammu and
Kashmir and is not involved in militancy related activities:
(iii) a civilian who dies as a result of militancy related action or
due to enemy action on the line of Actual Control/
International Border within the State of Jammu and
Kashmir not involved in militancy related activities and
total income of the family from all sources does not exceed
Rs.5000/-per month as assessed by the Revenue Officer
not below the rank of an Assistant Commissioner;
(iv) A member of the Armed Forces not above the rank of
Junior Commissioned Officer or a member of Paramilitary
Forces of equivalent rank who is a permanent resident of
State and is killed while discharging the duties in
connection with law and order in the State of Jammu and
Kashmir or as a result of enemy action on the Line of
Actual Control/International Border.
Explanation: — For purposes of these rules.
(a) ‘Armed Force’ means Navy, Military, 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 the permanent resident of the State of
Jammu and Kashmir as defined section 6 of the Constitution of Jammu
and Kashmir;
(d) ‘Family Member’ means spouse, son, daughter, adopted son, adopted
daughter, sister or brother dependent on the deceased.
3- 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 post 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 non-gazetted service or Class-IV post having qualification as
prescribed under the relevant Recruitment Rules.
Provided that the applicant is eligible and qualified for such post or
acquires such eligibility and qualification within a period of one year from
the date of death of the deceased person specified in rule 2:
Provided further that no application for compassionate appointment under
these rules shall be entertained after the expiry of one year from the date
of death of the deceased person.”
(2) Nothing in sub-rule (1) shall delegate from the powers of the
Government in General Administration Department to appoint at
its discretion a candidate to a higher post in the non-gazetted9
WP(C) No. 168/2025
service if he/she is a family member of a deceased Government
employee or a civilian killed in the militancy related action.
(3) Notwithstanding the provisions of the rules contained herein for
compassionate appointment, the family members of the civilians
killed in militancy related action as specified in clause (iii) of rule
2 shall be entitled to a cash compensation in lieu of appointment in
government service of an amount specified by the government
which shall be payable in their favour in a manner to be notified by
the government.
Provided that if any one among the family members of the
deceased civilian fulfills the eligibility criteria prescribed under the
aforesaid Rules for appointment into the government service or
acquires such eligibility within one year from the date of death of
the deceased person, then they shall have the option either to
choose the government service or the cash compensation.
4- Appointment cases of death in harness:- Appointment under these rules in
respect of a family member of a Government employee who dies in harness due a
cause other than militancy related action shall be made by Head of the Department
concerned: provided that:-
i) Where no post is available in the office or subordinate 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 the General Administration Department for
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.
5. 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 a result of militancy related action or in respect of a family member of
the officer or armed force or Para-military force, shall be made by the Deputy
Commissioner concerned in accordance with the procedure hereinafter prescribed.
(2) A family member of 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. Deputy Commissioner after making such
enquires as may be necessary and on recommendations of the
District Level Coordination-Cum-Screening Committee, may issue
appointment orders for his or her adjustment against a vacancy in
the District concerned in any Department under the Government in
accordance with provisions of rule 3 hereinabove:
“Provided that in the case of a SPO engaged by the Police
Department who dies as a result of militancy related action,
a family member may apply for appointment against a
vacancy to the Director General of Police who, after
conducting such enquires as may be required, may issue an
appointment order for his/her adjustment in the Police
Department in accordance with the provisions of rule 3.”
2(a) A family member of Government employee who dies as a result of
militancy related action may apply for appointment against any post to
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which he or she is entitled under these rules to the Deputy Commissioner
of the District in which he or she resides. Deputy Commissioner shall after
making such enquires as may be necessary, and, on clearance by the
District Level Coordination-Cum-Screening Committee, forward the case
of the applicant to the Head of the Government Department administering
the services or cadre to which the deceased employee belonged. The Head
of the Government Department may make the appointment in accordance
with provisions of rule 3 and rule 4 of these rules. All pending cases shall
be dealt with accordingly.”
(3) A family member of a deceased member of armed force or
paramilitary force who is eligible for appointment under these
rules may apply against for appointment against a suitable vacancy
to the Deputy Commissioner concerned through the Commanding
Officer of the Unit in which the deceased member of the armed
force or Para-military force was last serving. The Deputy
Commissioner after making such enquiries as may be necessary
and on the recommendations of the District Level Coordination-
cum-Screening Committee, may issue appointment orders for his
or her adjustment against a vacancy in the District concerned in
any Department under the Government in accordance with
provisions of rule 3 hereinabove.
6. Grant of scholarship –The Government may on the
recommendations of the Competent Authority grant suitable scholarship up
to the tune of Rs. 100/- per month to the family member of a deceased
employee till such time as they pass matriculation examination. Such
scholarship shall be sanctioned by the Government in the Education
Department.
7. Power to relax–The Government may relax the lower or upper
age limits or education/technical qualification, as the case may be, in
deserving cases. All such cases shall be processed through General
Administration Department in coordination.
8- Interpretation:-If any question about the interpretation of these
rules, the decision of the Government in General Administration Department
shall be final.
9- Repeal and saving.–The Jammu and Kashmir Appointment
on Compassionate Grounds Rules, 1991 are hereby repealed:-
Provided that such repeal shall not:-
(a) affect the action taken, orders issued or appointments made
under the rules so repealed; or
(b) affect 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 provision of these rules.
By order of the Governor.
(Sd/)
Secretary to Government
General Administration Department”
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18. Insofar as the Scheme of 2022, viz. J&K Rehabilitation Assistance
Scheme, 2022 (S.O. 429 of 2022) is concerned, the same is also
reproduced as under:
“GOVERNMENT OF JAMMU AND KASHMIR
GENERAL ADMINISTRATION DEPARTMENT
Civil Secretariat, J&K.Notification
Srinagar, the 6th September, 2022S.O. 429.- In exercise of the powers conferred by Article 309 of the Constitution of, the
Lieutenant Governor is pleased to make the following Scheme, namely:-
1. Short title and commencement: (I) This Scheme may be called the
Jammu and Kashmir Rehabilitation Assistance Scheme, 2022.
(II) The Scheme shall be deemed to have come into force from the
61h day of September, 2022.
2. Application of Scheme:- The Scheme shall apply to the dependent family
member offl Government Employee who:-
i. Dies in harness.
ii. Retires on invalid pension.
iii. 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;
Note I: “Dependent Family Member” means:
a. spouse; or
b. son/daughter (including adopted son/daughter as permissible under law).
c. Brother or sister in the case of an unmarried Government servant who
was wholly dependent on the Government servant.
Note Il: “Government servant” for the purpose of these instructions means a
Government servant appointed on regular basis and not one working on daily
wage or casual or apprentice or ad-hoc or contract or re-employment basis.
3. Authority Competent to make appointments/ grant monetary compensation.
a. Administrative Secretary, General Administrative Department shall be
competent authority to make Compassionate Appointments and grant
monetary compensation under this Scheme.
b. 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 shall be the competent authority for
making compassionate appointments in the case (s) where relaxation (s)
is/are involved.
4. POSTS TO WHICH SUCH APPOINTMENTS CAN BE MADE:
Multi Tasking Staff or equivalent or lowest non-Gazetted cadre posts in
the Department.
5. ELIGIBILITY:
A. For Compassionate Appointments:
t). Applicant should be the dependent family member of the deceased
Government employee;
b. Applicant should be eligible and suitable for the post in all respects under
the provisions of the relevant Recruitment Rules.
c. Applicant, who is a Graduate or having higher qualification, can also be
considered for appointment against a lowest non-gazetted post/Multi
Tasking Staff post notwithstanding the bar on higher qualification
prescribed in the extant Rules.
d. Applicant shall be assessed with regard to the Relative Merit Points
Assessment Scheme (RMPAS) on 100 point scale and will be required to
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meet the standards laid down for compassionate appointment with regard
to RMPAS:
Provided 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 option to refuse the appointment and 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,
B. For Monetary Compensation:
a) Applicant should be the dependent family member of the deceased
Government employee;
b) Applicant shall be assessed with regard to the Relative Merit Points
Assessment Scheme on a 100 point scale and the dependant, who
does not meet the Standards laid down for compassionate
appointment to the Government service with reference to RMPAS
shall be considered for grant of monetary compensation.
c) The dependants of the deceased employees shall 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 C. Support for Self Employment:
The Government may also support the application of the
dependents, if he/she so requests, under various self
employment/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.
6. EXEMPTIONS:
A. 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.
B. Relaxations:
a, 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,
Note: Age eligibility shall be determined with reference to the date of
application and not the date of appointment.
7. DETERMINATION/AVAILABILITY OF VACANCIES:
a. Appointment on compassionate grounds shall be made only on
regular basis and that too only, if regular vacancies meant for that
purpose are available.
b. Compassionate appointments shall be made in a centralized manner
in General Administration Department. The applicants will submit
their applications along with the prescribed documents electronically
on a designated portal administered by General Administration
Department and the latter will electronically process the applications
with regard to the provisions laid down in this Scheme and up to a
maximum of 5% of vacancies in a financial year falling under direct
recruitment quota in Multi Tasking Staff and lowest Non Gazetted
cadre across all the departments. General Administration Department
shall every year hold back upto 5% of vacancies in the aforesaid
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.
c. The vacancies against which compassionate appointments can be
considered under this Scheme shall be computed every year as on first
January of the year in which compassionate appointments are to be13
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made. The list of the vacancies along with their designations available
for compassionate appointments during the year shall be put out in the
public domain. The total vacancies so computed for a given year shall
be earmarked for appointments to be made on compassionate grounds
quarter-wise on pro rata basis. A merit list of the eligible applicants
shall be prepared and put out in the public domain annually having
regard to the criteria laid down in the RPMAS and the applicants
having higher merit shall be considered for compassionate
appointments in a given quarter against the posts earmarked for the
said quarter. There may arise a situation where eligible applicants may
exceed the posts available in a given quarter. In that situation, the list
of the eligible applicants shall be carried forward to the next quarter
and the applicants considered against the posts available in that
quarter. ms process will continue on a roll over basis from quarter to
quarter in a year and the applicant shall be eligible to be considered for
compassionate appointment 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% of the total vacancies
identified for compassionate appointments in a particular year shall be
available for consideration in relaxation of rules with the approval of
Chief Minister/Lieutenant Governor through Chief Secretary in
Coordination.
d. A person selected for appointment on compassionate grounds shall
be adjusted in the recruitment roster against the appropriate category
i.e., SC/ST/ OBC/General, depending upon the category to which
he/she belongs. For example, if he belongs to SC category, he will be
adjusted against the SC reservation point, if he is ST/OBC, he will be
adjusted against ST/OBC point and The belongs to General category,
he will be adjusted against the vacancy meant for General category.
e. The ceiling of 5% of direct recruitment vacancies for making
compassionate appointment shall not be exceeded by utilizing any other
vacancy except in the case or the Government servants who may die 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, where the General
Administration Department Shall be competent to utilize a vacancy
over and above the prescribed percentage.
f. The compassionate appointment can also be made against technical
‘posts’ at Multi “Tasking Staff and lowest Non-Gazetted cadre subject
to fulfilment of eligibility/qualification as prescribed in the recruitment
rules,
8. TIME LIMIT FOR CONSIDERING APPLICATIONS FOR
COMPASSIONATE APPOINTMENT/MONETARY
COMPENSATION:
Subject to availability or vacancy in case of compassionate
appointment, an application for compassionate appointment/monetary
compensation shall be considered and disposed Of under the Scheme
as far as possible within a year Of the receipt or the application/
request and decision taken on merit in each case.
9. APPLICATION FOR COMPASSIONATE APPOINTMENT/
MONETARY COMPENSATION:
The applicant shall submit the application for compassionate
appointment/monetary compensation online under the Jammu and
Kashmir Rehabilitation Assistance Scheme, 2022 on the designated
portal. The departments shall not consider requests for compassionate
appointment or grant of monetary compensation of/to the dependants
of the deceased who may die in harness or as a result of militancy
related action or due to enemy action on the Line of Control/14
WP(C) No. 168/2025
international Border within Jammu and Kashmir and is not involved
in militancy related activities or retires on invalid pension, iC the
same is not made within one year of’ the death/retirement on invalid
pension or the Government servant.
10. WHERE THERE IS AN ‘EARNING MEMBER IN THE FAMILY:
a. In deserving cases even where there is already an earning member in
the family, a dependent family member may be considered for
compassionate appointment/monetary compensation. Before
approving such appointment/compensation, the Competent Authority
shall satisfy itself that grant of compassionate appointment/monetary
compensation is justified having regard to number of dependents,
assets and liabilities left by the Government servant, income of the
earning member as also his liabilities including the fact that the
earning member is residing with the family of the Government servant
and whether he shall not be a source Of support to other members of
the family and take decision accordingly
b. In cases where any member of the family of the deceased Government
servant is already in employment and is not supporting the other
members of the family of the Government servant, extreme caution
has to be observed in ascertaining the economic distress of the
members of the family of the Government servant so that the facility
of appointment on compassionate ground is not circumvented and
misused by putting forward the ground that the member of the family
already employed is not supporting the family. In order to quantify the
element of compassion in such cases in a more structured and rational
manner the parameters containing point weightage system (RMPAS)
shall be adopted, which shall facilitate in deciding the cases in a
transparent, unbiased and objective manner in filture.
11. MISSING GOVERNMENT SERVANT
Cases of missing Government servants shall also be covered under the
Jammu and Kashmir Rehabilitation Assistance Scheme, 2022 subject to
the following conditions: –
a, A request to grant the benefit of compassionate appointment/
monetary compensation shall not be considered after a lapse of one
year from the date from which the missing Government servant is
pronounced/declared dead under the Rules, provided that:
i. an FIR io this effect has been lodged with the
Police, the missing person is not traceable, and iii.
the competent authority feels that the case is genuine;
This benefit will not be applicable to the case of a Government
servant:-
Who had less than two years to retire on the date from which he has
been missing; or ii. who is suspected to have committed fraud, or
suspected to have joined any terrorist organization or suspected to
have gone aboard.
b. Compassionate appointment in the case of a missing Government
servant also would not be a matter of right as in the case of others
and it will be subject to fulfilment of all the conditions, including the
availability of vacancy, laid down for such appointment under the
scheme;
C. While considering such a request, the results of the Police
investigation shall also be taken into account; and
d. A decision on any such request for compassionate appointment/
monetary compensation shall be taken only at the level of the
General Administration Department,
12. PROCEDURE:
i. General Administration Department shall appoint a Welfare Officer
in each Administrative Department. The Welfare Officer of such
Department where an employee has died or retired on invalid
pension Shall meet the members ol’15
WP(C) No. 168/2025
the family of the Government servant in question immediately after
his death to advise and assist them in getting appointment on
compassionate grounds/monetary compensation. The applicant shall
be called in person at the very first stage and advised in person about
the requirements and formalities to be completed by him.
ii. The Welfare Officer in each Department may be deputed to meet the
family members of the deceased Government Servant and apprise
them ol’ the terminal benefits available to the family. This may be at
the earliest possible, preferably, within 30 days of death.
iii. In case it is observed by the Welfare Officer that the condition of the
family of the deceased Government Servant is indigent, the family
shall be apprised of the J&K Rehabilitation Assistance Scheme,
2022.
iv. In such cases, the Welfare Officer shall assist the family member of
the deceased Government servant in applying for appointment/
monetary compensation on compassionate grounds. All assistance
shall be extended to enable such a family member to fill the
Application Form online för compassionate appointment/ monetary
compensation. The applicant shall be advised in person about the
requirements and formalities to be completed by him, The applicant
shall also be given detailed information of the posts to which they
can apply.
v. Keeping in view the administrative requirement in processing
applications for compassionate appointment/monetary
compensation, the form as in Annexure-Il may be used for
ascertaining necessary information which consists of three parts as
under.
S. No. Part Title
1. A Form for seeking Compassionate
appointment / monetary compensation by
dependents of Government servants
deceased while in service or retired on
medical rounds.
2. B To be filled by the Office in which
employment is proposed.
3. C Relative Merit Points Assessment on a IOO-
point scale for compassionate
appointment/monetary compensation.
vi. The applicant shall duly fill up the prescribed proforma online and the
same shall be used to ascertain necessary information and for
further processing of the case of compassionate
appointment/monetary compensation.
vii. After successful online submission of the application, an applicant
shall receive an acknowledgement in the shape of a Unique
Registration Number. The applicant may also be informed through
email or other digital modes of communication of their Unique
Registration Number.
viii. The concerned section in General Administration Department shall
satisfy itself regarding the correctness of the details entered and
submitted online in the prescribed Application form, family
income/properties certified by Tehsildar concerned in the form
annexed as Annexure-Ill and other details computed for processing
the Application. During scrutiny, if any additional details or
information having a bearing on the case, emerge, the same shall
be added as supplementary Note to Application.
16
WP(C) No. 168/2025
ix. The applications for compassionate appointment/monetary
compensation shall be considered by the Committee consisting of
three officers – one chairman and two members — in the General
Administration department. The Committee shall be headed by, an
officer of the rank of Special Secretary/Director/Additional
Secretary in the Department. The Welfare Officer in General
Administration Department may also be made one of the members/
chairman of the Committee depending on his rank.
Recommendation of’ the Committee shall be placed before the
Competent Authority for a decision, x, The Committee shall meet
in the first week of the succeeding quarter to consider applications
for compassionate appointments received in the previous quarter.
In case a large number of applications are received in a quarter, the
Committee shall be at liberty to meet as frequently as it may be
necessary to consider the applications.
x. Prior to every meeting of the Committee, the applicants whose
applications are being considered, Shall be informed, through
emails or other forms Of communication (including digital modes
of communication), of the number of vacancies in each grade for
which they are being considered as also the date the Committee is
due 10 meet to consider their applications. However, the
Applicant(s) would not be required to have any personal
interaction, either with the Department or the Committee and that
the applicants may not be asked to be present during the meeting of
the Committee.
xii. Transparency and objectivity are the foremost aspects of
scheme for compassionate appointment. A holistic assessment of
the financial condition of the family has to be made taking into
consideration factors like presence of earning member(s), size of
family, age of children and the financial needs of filmily.
xiii. Every valid application Shall be assessed strictly on the basis of the Point
Based Merit System enclosed as Annexure-I.
xiv. While applying point based merit scheme (RMPAS) as mentioned
above (Annexure-I), if situation arises that some candidates secure
equal marks in merit and the Committee is unable to decide the
merit of such candidates, in such cases the tie-breaking factor can
be income available per dependent i.e. total of first three financial
parameters prescribed in Annexure-I (Pension annualized total
terminal benefits and annual income of earning members and
income from property) divided by total number of dependents. The
lesser the per dependent available income, the higher the rank
amongst the applicants whose scores had a tic.
xv. In case of tie even after applying the factor of per dependent
available income, then the left-over service of Government servant
can be considered. This is suggested as it may be implied that
longer the left-over service of the deceased, the more is the impact
on the family. Applicants related to Government servant with
higher left-over service would be considered over the one with
lesser left-over service;
xvi. The Committee shall make a recommendation for appointment/
monetary compensation on compassionate ground as per the total
points obtained by each applicant, under the applicable Point Based
Merit System (RMPAS).
xvii. The result of each round of selection in a given quarter shall be
uploaded on designated portal. The points awarded against each
parameter along with total merit points earned, may also be
provided to the applicants through email or Other fonns of
communication.
17
WP(C) No. 168/2025
xviii. The minutes of each meeting of the Committee including the merit
points earned by each Applicant shall also be placed, within a
period of’ three weeks from the date of meeting of the Committee,
in public domain on the website of the Department/()rganization for
information of all concerned.
xix. Recommendation of the Committee shall be placed before the
competent authority for a decision. If the competent authority
disagrees with the Committee’s recommendation, the case may be
referred to the next higher authority for a decision.
xx. Point based merit scheme imparts the necessary objectivity,
homogeneity and transparency to the scheme for appointment/
monetary compensation on compassionate grounds. Henceforth, it
shall be followed strictly for assessing comparative merit of the
applicants for compassionate appointment/monetary compensation.
13. UNDERTAKING FOR MAINTENANCE OF THE FAMILY OF THE
DECEASED EMPLOYEE:
A person appointed on compassionate grounds under the Scheme shall
give an undertaking in writing (as in Clause VI of Part A of Annexure-Il)
that he/she will maintain properly the other family members who were
dependent on the Government servant in question and in case it is proved
subsequently (at any time) that the family members are being neglected
or are not being maintained properly by him/her, his/her appointment
may be terminated forthwith. Taking care of this situation, it shall be
incorporated as one of the additional conditions in the appointment order
applicable only in the case of appointment on compassionate grounds.
14. REQUEST FOR CHANGE IN POST/PERSON:
When a person has been appointed on compassionate grounds to a
particular post, the set of circumstances, which led to such appointment,
shall be deemed to have ceased to exist. Therefore,
a. he/she shall strive in his/her career like his/her colleagues fhr future
advancement and any request for appointment to any higher post on
considerations of compassion shall invariably be rejected.
b. an appointment made on compassionate grounds cannot be
transferred to any other person and any request for the same on
considerations of compassion shall invariably be rejected.
15. SENIORITY:
A person appointed on compassionate ground in a particular year may be
placed at the bottom of all the candidates recruited/appointed through
direct recruitment, promotion etc. in that year, irrespective of the date of
joining of the candidate on compassionate ground.
16. TERMINATION OF SERVICE:
The compassionate appointments can be terminated on the ground of
none compliance of any condition stated in the appointment order
aner providing an opportunity to the compassionate appointee by way
of issuing of a show cause notice asking him/her to explain why
his/her services cannot be terminated for non-compliance of the
condition(s) in the offer of appointment and it is not necessary to
follow the procedure prescribed in the Disciplinary Rules/ Temporary
Service Rules for this purpose.
In order to check its misuse, the power of termination of services for
non-compliance of the condition(s) in the compassionate appointment
shall vest with the General Administration Department.
17. Interpretation:
18
WP(C) No. 168/2025
If’ any question arises about the interpretation of this Scheme, the
decision of the Government in General Administration Department shall
be final.
18, Repeal and Savings:
The Jammu and Kashmir (Compassionate Appointment) Rules, 1994, as
amended from to time, are hereby repealed:-
Provided that such repeal shall not:
a. affect the action taken, orders issued or appointments made under
the rules so repealed; or
b. affect the revival of such cases, as have been decided under the said
rules, but fall within the ambit of this Scheme; or
c. affect 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 Appointments) Rules,
1994, as occurred prior to the commencement of this Scheme and
all such cases shall be dealt with in accordance with the provisions
of these rules viz. Jammu and Kashmir (Compassionate
Appointments) Rules, 1994, as amended from time to time.
By Order Of the Lieutenant Governor.”
19. Perusal of both would show that there is a vast difference between the
provisions of the Rules of 1994 and the Scheme of 2022, inasmuch as
there is contrast mechanism given in the Scheme of 2022 for
considering and making compassionate appointment as compared to
the Rules of1994, that is why petitioner has made her all out efforts in
writ petition on the provisions of the Scheme of 2022 to contend that
compassionate appointment of respondent no.3 has been made under
and in terms of the Scheme of 2022, notwithstanding the fact that the
Proviso to Clause 18 of the Scheme of 2022, which had not been
placed on record by petitioner with his writ petition, makes in clear
cut terms obvious and demonstratable that the cases, if any pending,
falling under Rules of 1994 can be considered and decided under the
said Rules of 1994 and not under the Scheme of 2022. For making
such concealment, petitioner is liable to be put to task by directing her
to pay costs.
20. Insofar as reliefs sought for by petitioner in writ petition are
concerned, she is not entitled to any relief inasmuch as the
19
WP(C) No. 168/2025
compassionate appointment of respondent no.3 has been made interms of SRO 43 of 1994 (Rules of 1994) and same does not call for
any interference. As a consequence of which, writ petition is without
any merit and is accordingly dismissed with costs of Rs.50,000/- to be
deposited by petitioner in Advocates Welfare Fund.
(VINOD CHATTERJI KOUL)
JUDGE
SRINAGAR
03.07.2025
Manzoor
Whether approved for reporting? No
Manzoor Ul Hassan Dar
20
I attest to the accuracy and
authenticity of this document WP(C) No. 168/2025
Srinagar
07.07.2025 09:46
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