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HC directive on compassionate appointment 7/31/2015 11:43:30 PM Early Times Report jammu, July 31: A high court division bench of Chief Justice N Paul Vsanthakumar and Justice Hasnain Massodi today set aside the writ court judgment and directed respondents to consider the claim of the appellant, seeking compassionate appointment due to death of his father, based on the rules which were prevailing at the relevant point of time, ie the date of death of his father and pass fresh orders within a period of 8 weeks. It is made clear that while passing orders as per the rules which existed that time, it is open for the respondents to consider the financial status of the appellant and his family members as on today. This direction was passed in a LPA filed by Ghulam Mohammad Banday whose petition had been dismissed by the writ court. The case of the appellant before the Single Judge was that he is dependent of late Ghulam Nabi Banday, a road supervisor, who died in harness on September 24, 1987. The deceased was having a service tenure of 12 years as a permanent employee on the date of his untimely death as a result of which the appellant discontinued his studies in 1993 after passing 8th standard and the income of the family was less than Rs 500 per month as per the certificate issued by Tehsildar Handwara. The appellant applied for compassionate appointment under SRO 194/283 of 1991 and his application was forwarded to respondent No 4. A communication was sent by the 2nd respondent to the first respondent stating that the post of the deceased employee is still vacant and has been reserved for the writ petitioner. In the meanwhile, SRO 43 of 1994 was issued. The 2nd respondent by the January 24, 1997 communication conveyed the whole case history of the appellant and requested the respondent No 1 that the claim of the writ petitioner may be examined by the administrative department. No action being taken the appellant filed the writ petition which was dismissed by the single judge by stating the reason that as per SRO 43 of 1994 a candidate has to acquire the qualification within six months from the date of death of the deceased employee and the writ petitioner having studied up to 8th standard and matriculation being the minimum qualification for Class IV post, and the writ petitioner having not attained the age of 18 years in the year 1987, the appointment cannot be claimed. As a consequence this appeal was filed.   Share This News with Your Friends on Social Network     Comment on this Story

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