Sro43 appointment

Shahnawaz (Querist) 11 June 2012 This query is : Resolved
Dear sir / Mam
I am presently working in Power development department of J&K holding the post of Technician , the appointment has been made as per provision contained in SRO 43 ( death in harness ) . my father was working in the same department as Junior Engineer grade 1st he died in harness during service tenure now i have been appointed in his place as technician 3rd but i am having diploma in civil engineering wing, the post and position i am holding is not befitting to my qualification therefore you are requested help me out by legal way.

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Kiran Kumar (Expert) 11 June 2012
you appointment is on compassionate basis....its not necessary that you will be given the same post held by your father.

you may give a representation to the department for adjustment in some suitable department but you cannot claim a higher position....the things have to be governed by the rules.

you may visit a lawyer DHIRAJ CHOWDHRY (J&K based lawyer) 09419126930 for some detailed discussion and opinion.

Guest (Expert) 11 June 2012
Jobs in only lower cadres are offered in compassionate appointment cases.

If you feel competent enough to hold the higher posts, you will have to compete the departmental exams, as may have been prscribed by the organisation.

Sudhir Kumar, Advocate (Expert) 11 June 2012
Compassionate appointment is never given in consideration of the qualification of the applicant. There is no such provision.

Ther eis also no provision for any adjudtment. At the most if candidate after provisional appointment does have not acquir requisite qualification (i.e. matriculation and type test for clerk)within stipulated time then the person can be adjusted to the lowest rung peon/gardner/watchman/waterman/sweeper etc.

If you have higher qualification then compassionate appointment is not a bar to apply for the compatible post.

Shahnawaz (Querist) 16 August 2012
In continuation to my query . i would like to obtain your opinion whether SRO211 can help me for promotion . and moreover kindly tell me can i change my parent department as i am having diploma in civil engineering but i am working in electrical department and a million dollar question is that whether i have to rely on the post for ever which i am possessing right now .

Shahnawaz (Querist) 16 August 2012
respected sir PS Dhingra sb
since i am having diploma in civil engineering how can i compete for exams as i am working in electrical department , is there any case law which would help me for changing my posting to befitting department

Sudhir Kumar, Advocate (Expert) 16 August 2012
SRO referred by you may be a notification issued by J&K Govt and such notifications (though statutory in nature) are not in curriculum of LLB in any university. So No considered views can be offered on your query as to how best you can (or cannot) benefit by this.

If you have diploma in civil Engineering then you are freee to apply for the competetive examinations offered by State Service Conditions or SSC. You cna also respond to recruitment advertisement of PSUs (through proper channel).

You department may (or may not) allow transfer to other wing. There is no law which can compel them to do so.

If you do not apply for the post compatibale to your qualification (like many unemployed in country) you future is sealed for this post.

You are lucky that a post of technician was available when you were considered. Lest Gp-D posts could have been offered.

you appear to be in no mood to request the department for change of profile in same post rather inteested to fight with deptt which is not advisable in given circumstances.

Sro43 appointment

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