Powers vested in Lt Governor for giving certain relaxations
Each deptt will appoint Nodal, Welfare Officers
JAMMU, Aug 18: Government has brought the persons who have been appointed under the provisions of Jammu and Kashmir Migrants Special Drive Recruitment Rules, 2009 (PM Package employees) and Special Police Officers (SPOs) under the ambit of Jammu and Kashmir Rehabilitation Assistance Scheme, 2022.
Moreover, powers have been vested in the Lieutenant Governor to consider appointments against the lowest non-gazetted posts in any department in relaxation of provisions of the scheme and relax the condition for filing of application for compassionate appointment/monetary compensation beyond prescribed limit of one year.
These provisions have been made in the J&K Rehabilitation Assistance Scheme by way of amendments carried out in exercise of the powers conferred by Article 309 of the Constitution of India. The amendments have been notified by the General Administration Department.
In the Explanation to Clause 2 (application of the scheme), it has been mentioned that for the purposes of this scheme the persons who have been appointed under the provisions of the Jammu and Kashmir Migrants (Special Drive) Recruitment Rules, 2009 shall also be included in the definition of Government employee.
Under J&K Migrants (Special Drive) Recruitment Rules, 2009, the posts means the posts under the Government especially created from time to time in the Valley under the Prime Minister’s Special Package for return and rehabilitation of Kashmiri migrants to the Kashmir valley.
Moreover, the Clause 2A of the Rehabilitation Assistance Scheme has been substituted, which now read: “Notwithstanding anything contained in this Scheme, the Lieutenant Government in exceptional circumstances may appoint the dependent family member of a Government employee or Armed Forces or Paramilitary Forces or a civilian, who has died as a result of militancy related action or due to law and order situation or due to enemy action and is not involved in militancy related activities to be certified by the concerned Deputy Commissioner”.
“Provided the persons working as a SPOs killed in terrorist related action or due to enemy action and not involved in militancy related activities shall be treated as civilians for the purpose of this scheme”, read the proviso under Clause 2A.
Earlier, Administrative Secretary, General Administration Department was the competent authority to make compassionate appointments and grant monetary compensation under the scheme and the Lieutenant Governor through the Chief Secretary in coordination was the competent authority for making compassionate appointments in the case(s) where relaxation(s) was/were involved.
Now, Clause 3 has been amended, which read: “for appointment, the administrative department to which the deceased employee belonged will be authority competent. For appointment under common pool posts, the General Administration Department will be authority competent. For cash compensation, General Administration Department, on the recommendations of the administrative department to which the deceased employee belonged, will be the authority competent”.
Likewise, for the cases involving relaxations, the Lieutenant Governor through the Chief Secretary in coordination will be the authority competent provided where the post is not available in the concerned department, the appointment orders shall be issued by the General Administration Department and in cases involving relaxations but post is available in the department the order for the appointment shall be issued by the concerned administrative department after seeking relaxations.
Earlier it was mentioned in the Clause 4 multi-tasking staff or equivalent or lowest non-gazetted cadre posts in the department will be the posts to which such appointments can be made. Now, the amended Clause 4 states: “Multi-tasking staff or equivalent. Provided that the competent authority (Lieutenant Governor) in the exceptional/special circumstances may consider such appointments against the lowest non-gazetted posts in any department in relaxation of clause and the administrative department concerned shall be required to identify a vacancy for the purpose”.
Moreover, a provision has been incorporated under Clause 9 (application for compassionate appointment/monetary compensation), which read: “The Lieutenant Governor in exceptional circumstances may relax the conditions for filing of application for compassionate appointment/monetary compensation beyond prescribed limit of one year in such cases where it turns out that applicant could not apply within the prescribed time period due to reasons beyond his/her control”.
Earlier, General Administration Department was supposed to appoint a Welfare Officer in each administrative department. Now, amended Clause 12 states that all administrative departments shall appoint a Nodal Officer not below the rank of Additional Secretary for the purpose of monitoring the implementation of scheme. Further, every administrative department shall also appointment a Welfare Officer at the district level. However, in the absence of a district level officer, a divisional level officer may be appointed as the Welfare Officer.
