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2000 DIGILAW 109 (JK)

Ab. Hamid Dar v. State Of J. &K.

2000-05-22

SYED BASHIR-UD-DIN

body2000
1. Petitioner seeks direction to respondents for consideration of the petitioner on compassionate grounds, on the pleaded facts that the petitioners brother one Mohammad Maqbool Dar a teacher in Education Department died in a vehicular accident on 16-01-1987 The petitioners approach to respondents for the appointment, is evoking no response. 2. Heard. Record examined. One Mohammad Maqbool Dar a teacher died in harness on 16-01-1987. Petitioner is brother of this deceased. He is seeking appointment on compassionate grounds under J&K Compassionate Appointment Rules of 1994, on the plea that other dependent members of deceased family, who happened to be brothers and sisters, have filed affidavits that in case petitioner is appointed in place of deceased on compassionate grounds, they have no objection. This is not a ground in the context of rules and within the concept of compassionate appointment to seek appointment under the rules. No grounds whatsoever are spelled out for seeking appointment on compassionate grounds. After all claim to appointment on compassionate grounds is not in the nature of seeking enforcement of any right under a statute. It is a concession given by the employer to obviate the hardship to the indigent family. The petitioner™s claim that accrued right is being defeated�, is a misconstruction. In SWP No. 1009/97, titled Farooq Ahmad Wani Vs. State and Ors decided on 24-06-1998, it is pointed out:- ..... The appointment on compassionate grounds is not in the nature of an appointment as a matter of statutory right of appointee, but is a concession granted by the State Government to a dependent of its employee who dies in harness with a view to tied over the extreme hardship of the indigent family in a fit case.� 3. Said Maqbool Dar has died on 16-01-1987. Petitioner has come forth only on 04-05-2000, after over 13 years to seek compassionate appointment. No reason or explanation is forthcoming from record for sleeping over the matter and now seeking the appointment at such late stage. The appointment on compassionate grounds cannot be ordered after lapse of such a long period. After all the right to such employment as observed in 1994 (AIR) S.C.W. 2305 is not a vested right which can be exercised at any time in future.� No ground is made out for admitting the petition to hearing. Dismissed in limine.