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2015 DIGILAW 189 (JK)

Dalip Kumar Sachdeva v. Jammu and Kashmir State Road Transport Corporation

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 as Junior Assistant or any other post on compassionate ground with all consequential benefits.The case of the petitioner is that his father Sh. Kewal Krishan Sachdeva was appointed in the year 1969 in the erstwhile J&K Government Transport undertaking on permanent post and after the establishment of J&K State Road Transport Corporation, he became the employee of the said Corporation. His father died on 16.06.1999 while in service and at that time, he was holding the post of Fitter. His father left behind the petitioner and two LRs namely Smt. Kanta Devi (wife) and Ms. Sonia Sachdeva (daughter). The petitioner moved application before competent authority for appointment under compassionate ground in the last week of December 1999 along with justification certificate dated 20.07.1999 issued by Assistant Commissioner . Jammu. During the pendency of the said application, the petitioner passed Hr. Secondary Part II examination and thereafter, passed B.Sc Final examination. He also obtained Post Graduation degree in political science. Thereafter, he attended one year training programme in computer conducted at CEDTI Srinagar. 2 The respondents initially stated that the application submitted by the petitioner was not traceable, therefore, he was directed to submit another application, which was submitted on 06.03.2003. According to the petitioner, the respondents have adopted the SRO 43 of 1994 for making compassionate appointments in case of death in harness of its employees and number of persons were also given appointments on compassionate grounds. 3. Objections have been filed by the respondents, stating that SRO 43 of 1994 pertaining to appointment of compassionate ground is not applicable to the Corporation. However, they have admitted that the father of the petitioner died while in service. It is further stated in the objections that the petitioner is not entitled to get the appointment under compassionate ground as SRO 43 of 1994 is not applicable to his case. 4. However, they have admitted that the father of the petitioner died while in service. It is further stated in the objections that the petitioner is not entitled to get the appointment under compassionate ground as SRO 43 of 1994 is not applicable to his case. 4. As the application of the petitioner seeking compassionate appointment is pending as on date, without expressing any opinion on the merits of the case, the writ petition is disposed of, directing respondent No.1 to consider the claim of the petitioner seeking compassionate appointment and pass necessary order in accordance with law and communicate the same within a period of six weeks from the date of receipt of copy of this order. While passing order, if the similarly placed persons were given appointments under compassionate grounds, the same shall also be taken into consideration by respondent No.1.