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2015 DIGILAW 338 (JK)

Ashaq Hussain Rather v. State of JK

2015-07-10

N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, C.J.:- 1. This writ petition is filed praying for issuance of Writ of Mandamus directing the respondents to consider the case of petitioner No. 1 for his appointment on compassionate grounds under the provisions of SRO 43 of 1994. 2. The case of the petitioner No. 1 is that his father, namely Sh. Abdul Rashid Rather, while working as Gardener in the respondent-department died in harness on 14.01.1997 leaving behind the petitioner No. 1, his two brothers and mother. The petitioner No. 1 was minor at the time of death of his father and mother of the petitioner No. 1 approached the respondents within time for consideration of her case on compassionate grounds, but on one pretext or the other, respondents kept her case pending without any reason or justification. 3. On attaining the age of majority, mother of the petitioner applied for compassionate appointment of her son and in this regard, Additional Deputy Commissioner Ganderbal, issued dependent certificate and the same was forwarded to the department. In spite of forwarding the same, no final order having been passed by the respondents in terms of SRO 43 of 1994, this writ petition is filed by the petitioner. 4. The petitioner is claiming right in terms of the judgment of the Division Bench of Hon’ble the Supreme Court reported in (2006) 9 SCC 195 (Syed Khadim Hussain v. State of Bihar & Ors.) and submits that the respondents may be directed to consider the case of petitioner No. 1 seeking appointment on compassionate grounds. Copy of the said judgment produced by learned counsel for the petitioners is taken on records 5. Since the matter is pending and no final order has been passed by the respondents, without expressing anything on merits, respondents are directed to consider the claim of the petitioner No. 1 and while passing orders, judgment of Hon’ble the Supreme Court reported in 2006 (supra) and the principle stated therein shall be kept in mind and necessary orders be passed within a period of eight weeks from the date of receipt of copy of this order. 6. This writ petition stands disposed of accordingly.