Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Arsalan mushtaq   21 December 2017

appointment under SRO 43

Hello Sir/Madam my name is Arsalan from srinagar i am working health department as Class iv since oct 2012 appointment under SRO 43. i am graduate now but at the time of appointment my qualification was 10+2 with 6 mnths diploma in computer applications. Sir my father was working in the same department as Senior assistant. Sir plz gave me suggestion.. should i file a case in the court to help me promoting to the 3rd grade post as according to the SRO 43 the appointee should be appointed as lowest rank in the non gazetted or class iv


Learning

 20 Replies

Sudhir Kumar, Advocate (Advocate)     22 December 2017

 you are hiding the fact as to how did you enter in service.

Arsalan mushtaq   22 December 2017

Sir i was appointed under SRO 43 AS MY father was working in the same department who died in harness

Arsalan mushtaq   22 December 2017

Sir i was appointed under SRO 43 AS MY father was working in the same department who died in harness

Arsalan mushtaq   22 December 2017

sir i need ua contact number

Kumar Doab (FIN)     22 December 2017

Are you referring to;

SRO-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 :- 1. Short title and commencement. — (l) These rules may be called the Jammu and Kashmir (Compassionate Appointment) Rules, 1994

3- Appointment under these rules—“(1) ** [xx] 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.

https://jakfinance.nic.in/IMP_REFERENCE/SRO-43/SRO-43.pdf

Sudhir Kumar, Advocate (Advocate)     23 December 2017

So now the facts have been revealed that the RO is meant for compassionate appointments andyou got appointment in this category as your father diedd in harness.

 

In such case :-

 

(i) your actual qualification is absolutely irralevent.

(ii) you have joined the serniority list of the post in which you have been appointed.

(iii) you can be promoted when your turn comes to the post to which this post is having channel of promotion.

(iv) persons sernior to you in this post (even if they are illterate) they will be promoted first unless a particular qualification has been set for the higher post.

(v) you are free to keep applying for other jobs in open market to which your qualification suits.

 

SO very clear that you have no ground to file the cdase which you are planning.  You donot seem to be in so well off position that you canenrich lawyers by filing futile cases.

Dr J C Vashista (Advocate)     23 December 2017

Consult a local lawyer for proper appreciation of facts, laws applicable to compensate appointment (as presumed by experts), guidance and proceeding.

Arsalan mushtaq   23 December 2017

yes Kumar sir

Kumar Doab (FIN)     23 December 2017

Vashistaji,

It was not presumed.

The link to rules was duly posted, as you must have noted. The confirmatio by querist was asked.

The rules are titled by state govt...as Compassionate Appointment..

I have not posted Compensate Appointment.

You have posted Compensate Appointment....so you may respond on it.

It is J&K state govt matter and the state has somewhat different laws.....

 

 

Kumar Doab (FIN)     23 December 2017

Dear LCI Querist Arsalan mushtaq,

Dr. J.C.Vashista is from defense background.

You can benefit from his advise.  

 

Sudhir Kumar, Advocate (Advocate)     24 December 2017

It is compassionate appointment and he has already produced the relevant rule.

 

The rules aplicable in J&K appear to be more stringetnt.  In centre or other states such appointment can be there on gp-C posts but not in J&K Govt. This provisions is not challnagebale.

Arsalan mushtaq   13 January 2018

But as per the SRO 43 RULE THE appointee is appointed as lower rank in the non gazetted or class iv whether he has studied upto matric sir i am 10+2 with 6 months diploma in computer. According to this i have been appointed as lowest post in the non gazetted not class iv..

Arsalan mushtaq   13 January 2018

But as per the SRO 43 RULE THE appointee is appointed as lower rank in the non gazetted or class iv whether he has studied upto matric sir i am 10+2 with 6 months diploma in computer. According to this i have been appointed as lowest post in the non gazetted not class iv..

Arsalan mushtaq   13 January 2018

But as per the SRO 43 RULE THE appointee is appointed as lower rank in the non gazetted or class iv whether he has studied upto matric sir i am 10+2 with 6 months diploma in computer. According to this i have been appointed as lowest post in the non gazetted not class iv..

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register