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J&K High Court · body

2015 DIGILAW 185 (JK)

Zahid Abbass v. State of Jammu and Kashmir

2015-04-17

N.PAUL VASANTHAKUMAR

body2015
Judgment : 1. This writ petition is filed praying for issuance of writ of mandamus directing the respondents to appoint the petitioner on compassionate grounds under SRO 43 of 1994. The case of the petitioner is that his father namely Mehmood Hussain was working as Oiler in PHE Department and while in service died in harness on 10.07.2006 leaving behind his widow, namely, Safia Begum, three sons and two daughters including the petitioner. After the death of his father, the petitioner submitted application for appointment on compassionate grounds under SRO 43 of 1994. The said application was forwarded by respondent No.4 to respondent No.3 and in turn, respondent No.3 submitted the same to respondent No.2. Thereafter respondent No.2 vide his communication dated 23.11.2006 enquired from respondent No.4 about the availability of post and in turn, respondent No.4 intimated that no class IV post is lying vacant and the case of the petitioner be considered against the post of oiler. Again on 29.01.2007 4th respondent recommended the case of the petitioner. As no action was taken, the mother of the petitioner submitted another application before respondent No.3 for appointment of the petitioner and till date, no order has been passed. 2. The respondents have filed objections stating that the application of the petitioner for compassionate appointment under SRO 43 of 1994 was examined, processed and forwarded to the competent authority and the same is pending consideration. 3. As the application of the petitioner is pending consideration, respondent No.2 is directed to consider the claim of the petitioner seeking compassionate appointment and pass necessary order within a period of six weeks from the date of receipt of copy of this order. 4. Disposed of.