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2015 DIGILAW 339 (JK)

Mohammad Sultan Sofi v. State of JK

2015-07-10

N.PAUL VASANTHAKUMAR

body2015
JUDGMENT : N. Paul Vasantha Kumar, C.J.:- 1. This writ petition is filed seeking quashment of Order No. Home/SHRC-102/2004/11893 dated 21,11,2012 passed by the Home Department wherein petitioner’s claim seeking compassionate appointment to one of his sons has been rejected on the ground that the deceased son of the petitioner was having adverse report given by the Home Department and therefore, under SRO 43 of 1994 one of the sons of the petitioner is not entitled to compassionate appointment. 2. The brief case of the petitioner is that his son allegedly disappeared in the year 1995.Efforts were made for searching and tracing him, but his son could not be traced. Accordingly, the petitioner after losing hope to trace out his disappeared son applied for ex-gratia relief under SRO 43 of 1994 and also prayed for compassionate appointment of his another son. 3. The State Human Rights Commission, Srinagar after taking cognizance in the matter received a report from Inspector General of Police Kashmir on 10.03.2004, wherein it is stated that petitioner’s son left home on 04.05.1995 and never returned back and was a student of Matriculation. The police also admits that there is no specific or substantial evidence that his son had died while crossing the border and the factum of disappearance of the petitioner’s son is admitted in the police report. A presumption has been drawn that the petitioner’s son could have been killed due to militancy related action. However, there is nothing adverse in the report to show that the petitioner’s son was in any manner involved in any kind of subversive activities. Therefore, the Commission recommended grant of ex-gratia relief of Rs. 1.00 lac in favour of the NOKs of the deceased and also recommends for considering the grant of compassionate appointment to one of his family members under SRO 43 of 1994. 4. Pursuant to the said recommendation made, a sum of Rs. 1.00 lac was sanctioned as compensation vide order of the Deputy Commissioner Srinagar dated 08.03.2004. The said amount was received by the petitioner. In so far as the claim of compassionate appointment to one of his family members is concerned, the Home Department has rejected the same on the ground that adverse report was drawn against the petitioner’s son. 5. 1.00 lac was sanctioned as compensation vide order of the Deputy Commissioner Srinagar dated 08.03.2004. The said amount was received by the petitioner. In so far as the claim of compassionate appointment to one of his family members is concerned, the Home Department has rejected the same on the ground that adverse report was drawn against the petitioner’s son. 5. The said report of the IGP CID Jammu and Kashmir dated 21.11.2012 is contrary to the report of the police to the effect that the petitioner’s son was not involved in any kind of subversive activities. Thus the reasons stated by the Home Department in the order dated 21.11.2012 is contrary to records and without any basis. The said impugned order is accordingly set-aside. 6. Learned AAG submits that the competent authority will consider the claim of the petitioner for compassionate appointment to one of the family members of the deceased. The said authority has already passed the order dated 16.02.2012 accepting the recommendations of the State Human Rights Commission for grant of ex-gratia relief. 7. In such circumstances, the writ petition is disposed of with a direction to the Deputy Commissioner Srinagar to extend benefit of compassionate appointment to Altaf Ahmad Sofi, son of the petitioner based on his qualification in terms of SRO 43 of 1994 without reference to the objections mentioned in the order dated 21.11.2012. Necessary order is directed to be passed by Deputy Commissioner Srinagar within a period of six weeks from the date copy of this order is served. 8. Disposed of.